Accredited Family Law & Divorce Specialists In St Kilda South
We understand family law. Our Family Solicitors St Kilda South have represented numerous family law clients over the years and act for mums, fathers, grandmothers, 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 specific competence in divorce, child custody and property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible outcome. If you are seeking to engage the services of some of the very best family solicitors St Kilda South has to offer, then look no more. When engaging among our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In St Kilda South, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship 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 files the application, or a joint application where both parties file the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation duration is to be a constant period and means more than physical separation where there is no probability of reconciliation.
The application can be opposed in circumstances where the Court does not have jurisdiction to handle 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 residing under the very same roof or if one has supplied the other with some household services. It may be difficult to establish that separation has actually taken place in these scenarios and accordingly the Court will need evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to live in St Kilda South forever or otherwise have the ability to provide evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has been married for less than 2 years, the Court needs the parties to go to 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 consider that proper arrangements 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 household, and under the age of 18.
As soon as a Divorce has been approved the Divorce ends up being reliable one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period might be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders St Kilda South
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a kid’s life.
Prior to the start of any Court procedures the parties are required to participate in, get involved and make an authentic effort in resolving any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more settlements can be set up with the help of solicitor, mediators and counsellors St Kilda South.
If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should regard the very best interests of the child as the critical consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the kids have the advantage of both of their parents having a significant involvement in their lives, to the optimum level constant with the very best interest of the child; and
protecting the kids from physical and psychological harm and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids receive appropriate and correct parenting to help them attain their full potential; and
ensuring that moms and dads satisfy their duties, and fulfill their responsibilities, concerning the care, well-being and development of their kids.
There are other elements that the Court may consider in any particular situations.
Why Choose Our Family Lawyers St Kilda South VIC
We are passionate regarding offering a specialized Family Law service St Kilda South that welcomes you, understands you and also shows you empathy in hard times. Learn why you can be assured of our commitment to your legal demands.