Accredited Family Law & Separation Specialists In Staghorn Flat
We understand family law. Our Family Lawyers Staghorn Flat have represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific expertise in divorce, child custody and home division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you get the very best possible result. If you are wanting to engage the services of some of the best family solicitors Staghorn Flat has to offer, then look no more. When engaging one of our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Staghorn Flat, the Family Law Act 1975 established 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 allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage 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 marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and means 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 handle 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 very same roof or if one has actually provided the other with some family services. It may be hard to develop that separation has actually occurred in these scenarios and appropriately the Court will require proof in assistance of the application.
In addition to the requirements of a period 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 developed, you or your partner needs to regard Australia as your home, intend to live in Staghorn Flat forever or otherwise be able to supply 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 wed for less than 2 years, the Court requires 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 correct plans have 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 treated as a member of that home, and under the age of 18.
As soon as a Divorce has been approved the Divorce becomes efficient one month and one day after the Order has been made.
As soon as a Divorce has worked, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period may be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Staghorn Flat
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a kid’s life.
Prior to the beginning of any Court proceedings the parties are required to attend, take part and make a real effort in solving any parenting issues at a household conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, further negotiations can be set up with the help of solicitor, mediators and counsellors Staghorn Flat.
If no arrangement 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 actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must concern the very best interests of the child as the critical factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum level consistent with the best interest of the kid; and
safeguarding the children from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that kids get adequate and appropriate parenting to help them accomplish their complete potential; and
guaranteeing that parents fulfil their tasks, and meet their responsibilities, concerning the care, well-being and advancement of their children.
There are other aspects that the Court may take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Staghorn Flat VIC
We are passionate about providing a specialized Family Law service Staghorn Flat that welcomes you, understands you and also shows you empathy in difficult times. Figure out why you can be assured of our commitment to your legal needs.