Accredited Family Law & Divorce Specialists In St Kilda Road Melbourne
We understand family law. Our Family Lawyers St Kilda Road Melbourne have represented hundreds of family law clients throughout the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having particular competence in divorce, child custody and residential or commercial 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 acquire the best possible result. If you are wanting to engage the services of a few of the very best family lawyers St Kilda Road Melbourne has to offer, then look no further. When engaging among our professionals, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In St Kilda Road Melbourne, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually 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 readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous period and means more than physical separation where there is no possibility of reconciliation.
The application can be opposed in circumstances where the Court does not have jurisdiction to deal with the matter or otherwise where the parties to the proceedings have actually 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 actually provided the other with some home services. It might be hard to develop that separation has taken place in these circumstances and appropriately the Court will require evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to reside in St Kilda Road Melbourne forever or otherwise be able to supply proof that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has actually been wed for less than 2 years, the Court requires the parties to participate in 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 need to think about that proper arrangements have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that household, and under the age of 18.
When a Divorce has actually been granted the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has actually worked, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period may be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders St Kilda Road Melbourne
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the beginning of any Court proceedings the parties are needed to attend, take part and make a real attempt in fixing any parenting concerns at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no contract can be reached, further settlements can be organized with the assistance of lawyer, arbitrators and counsellors St Kilda Road Melbourne.
If no contract can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court should regard the best interests of the kid as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the children have the advantage of both of their parents having a meaningful participation in their lives, to the maximum extent constant with the very best interest of the child; and
safeguarding the children from physical and mental harm and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get appropriate and proper parenting to help them attain their complete potential; and
making sure that moms and dads fulfil their tasks, and satisfy their responsibilities, concerning the care, well-being and advancement of their kids.
There are other aspects that the Court may take into consideration in any specific scenarios.
Why Choose Our Family Lawyers St Kilda Road Melbourne VIC
We are passionate about giving a specialty Family Law service St Kilda Road Melbourne that welcomes you, understands you as well as shows you empathy in difficult times. Learn why you can be guaranteed of our dedication to your legal requirements.