Accredited Family Law & Separation Specialists In St Helens Plains
We understand family law. Our Family Solicitors St Helens Plains have represented numerous family law clients over the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having particular proficiency in divorce, child custody and property division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you obtain the very best possible result. If you are looking to engage the services of some of the very best family legal representatives St Helens Plains has to offer, then look no more. When engaging among our specialists, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In St Helens Plains, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is typically submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and implies more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to handle the matter or otherwise where the parties to the proceedings have not been separated for more than 12 months.
An application can still be made while the parties are living under the exact same roof or if one has supplied the other with some family services. It may be tough to develop that separation has happened in these circumstances and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to live in St Helens Plains indefinitely or otherwise have the ability to supply proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been married for less than 2 years, the Court requires the parties to attend a counselling session with a view to reconciliation. There are exceptions to this requirement if there is a history of violence or abuse or where one party can not be located.
At a Divorce hearing, the Court will have to think about that correct plans have actually been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that family, and under the age of 18.
As soon as a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has been made.
As soon as a Divorce has worked, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders St Helens Plains
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the commencement of any Court proceedings the parties are required to go to, participate and make a real attempt in dealing with any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be set up with the assistance of solicitor, conciliators and counsellors St Helens Plains.
If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must concern the best interests of the kid as the vital factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum degree consistent with the best interest of the child; and
protecting the children from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that kids get sufficient and appropriate parenting to help them attain their complete potential; and
guaranteeing that parents satisfy their tasks, and satisfy their responsibilities, concerning the care, welfare and development of their kids.
There are other aspects that the Court may consider in any particular scenarios.
Why Choose Our Family Lawyers St Helens Plains VIC
We are passionate about offering a specialty Family Law service St Helens Plains that welcomes you, understands you as well as shows you empathy in challenging times. Find out why you can be guaranteed of our dedication to your legal demands.