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Family Law Advice St Kilda VIC

Family Law Advice St Kilda VIC

Accredited Family Law & Divorce Specialists In St Kilda

We know family law. Our Family Lawyers St Kilda have represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having specific proficiency 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 expertly throughout the Court process so that you obtain the very best possible outcome. If you are planning to engage the services of some of the very best family lawyers St Kilda has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In St Kilda, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are irrelevant. 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 marital relationship files the application, or a joint application where both parties submit the application together.

An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation duration is to be a constant period 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 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 residing under the same roof or if one has actually offered the other with some family services. It may be hard to establish that separation has taken place in these situations and appropriately the Court will require evidence in assistance of the application.

In addition to the requirements of a period of 12 months of separation, either you or your spouse will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to live in St Kilda forever or otherwise be able to supply proof 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 wed 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 need to consider that correct plans have actually been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, and under the age of 18.

Once a Divorce has actually been given the Divorce becomes reliable one month and one day after the Order has been made.

When a Divorce has taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period may be granted in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders St Kilda

Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.

Prior to the start of any Court proceedings the parties are needed to participate in, participate and make an authentic effort in solving any parenting concerns at a household dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If a contract is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no contract can be reached, even more negotiations can be set up with the support of solicitor, conciliators and counsellors St Kilda.

If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court needs to regard the best interests of the kid as the critical factor to consider.

According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:

ensuring that the kids have the benefit of both of their parents having a significant participation in their lives, to the optimum degree consistent with the very best interest of the child; and

protecting the children from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and

ensuring that children receive sufficient and appropriate parenting to assist them accomplish their full potential; and

ensuring that moms and dads fulfil their tasks, and fulfill their responsibilities, concerning the care, welfare and advancement of their kids.

There are other factors that the Court may consider in any specific scenarios.

Why Choose Our Family Lawyers St Kilda VIC

We are passionate about offering a specialized Family Law service St Kilda that welcomes you, understands you and also shows you empathy in challenging times. Discover why you can be guaranteed of our dedication to your legal requirements.

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Mark Shenken
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Phone:
285 Carlisle St, Suite 14, Balaclava Victoria 3183, Australia

 

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