Accredited Family Law & Divorce Specialists In St Kilda West
We understand family law. Our Family Lawyers St Kilda West have represented hundreds of family law customers for many years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having specific competence in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you get the best possible result. If you are aiming to engage the services of some of the very best family solicitors St Kilda West has to offer, then look no more. When engaging among our experts, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In St Kilda West, the Family Law Act 1975 developed 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 allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship 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 period is to be a constant duration and indicates more than physical separation where there is no possibility 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 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 provided the other with some home services. It might be difficult to develop that separation has actually occurred in these scenarios 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 need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, mean to reside in St Kilda West forever or otherwise have the ability to provide evidence that you lived in Australian for at least 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 think about that proper arrangements have been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that home, and under the age of 18.
When a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has been made.
When a Divorce has actually taken effect, there is only a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this period might be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders St Kilda West
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are needed to participate in, get involved and make a genuine effort in resolving any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more settlements can be arranged with the support of solicitor, mediators and counsellors St Kilda West.
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 verification that the parties have tried a disagreement 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 relate to the best interests of the kid as the vital consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the benefit of both of their moms and dads having a significant participation in their lives, to the maximum level constant with the best interest of the kid; and
safeguarding the children from physical and mental damage and from undergoing, or exposed to, abuse, overlook or family violence; and
ensuring that kids get appropriate and appropriate parenting to assist them attain their full potential; and
guaranteeing that parents fulfil their duties, and meet their responsibilities, concerning the care, welfare and development of their children.
There are other elements that the Court may take into consideration in any specific scenarios.
Why Choose Our Family Lawyers St Kilda West VIC
We are passionate regarding offering a specialty Family Law service St Kilda West that welcomes you, understands you and shows you empathy in tough times. Discover why you can be assured of our commitment to your legal demands.