Accredited Family Law & Divorce Specialists In St Leonards
We know family law. Our Family Solicitors St Leonards have represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having particular expertise in divorce, child custody and home division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you acquire the best possible result. If you are looking to engage the services of a few of the very best family solicitors St Leonards has to offer, then look no further. When engaging one of our experts, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In St Leonards, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. 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 marital relationship submits the application, or a joint application where both parties file the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation period is to be a continuous period and suggests 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 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 home services. It might be hard to establish that separation has occurred in these circumstances and accordingly the Court will require evidence 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 person by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, plan to reside in St Leonards indefinitely or otherwise be able to supply evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been wed for less than 2 years, the Court needs 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 consider that correct plans have actually been produced any child of the marital relationship, 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 actually been approved 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 period in which to submit an application for property/financial and spousal upkeep. An extension to this duration might be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders St Leonards
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 child’s life.
Prior to the beginning of any Court procedures the parties are needed to go to, get involved and make a genuine effort in fixing 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 terms of that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more settlements can be organized with the support of lawyer, arbitrators and counsellors St Leonards.
If no agreement can be reached beyond the court system, a person may 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 invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must regard the best interests of the child as the critical consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the maximum degree consistent with the very best interest of the child; and
protecting the kids from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and
making sure that children receive adequate and appropriate parenting to assist them attain their complete potential; and
making sure that parents satisfy their responsibilities, and meet their duties, concerning the care, well-being and development of their children.
There are other elements that the Court may take into consideration in any particular scenarios.
Why Choose Our Family Lawyers St Leonards VIC
We are passionate about giving a specialty Family Law service St Leonards that welcomes you, understands you and shows you empathy in challenging times. Learn why you can be guaranteed of our dedication to your legal needs.