Accredited Family Law & Separation Specialists In Steiglitz
We know family law. Our Family Lawyers Steiglitz have represented numerous family law customers over the years and act for mums, dads, grandmothers, grandpas, 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 specific expertise in divorce, child custody and residential or commercial property division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you get the best possible outcome. If you are aiming to engage the services of some of the best family lawyers Steiglitz has to offer, then look no more. When engaging among our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Steiglitz, 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 accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is generally 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 file the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation period 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 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 offered the other with some family services. It may be tough to develop that separation has actually taken place in these scenarios and accordingly the Court will need 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 established, you or your spouse has to regard Australia as your home, intend to live in Steiglitz indefinitely or otherwise be able to offer proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances 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 need to think about that appropriate plans have been made for 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 household, and under the age of 18.
As soon as a Divorce has been granted the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has taken effect, 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 given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Steiglitz
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are required to go to, take part and make a real effort in dealing with any parenting problems at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no contract can be reached, further settlements can be arranged with the support of solicitor, arbitrators and counsellors Steiglitz.
If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should concern the best interests of the kid as the vital factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum degree constant with the very best interest of the kid; and
safeguarding the children from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and
ensuring that kids get sufficient and correct parenting to assist them attain their full potential; and
guaranteeing that parents satisfy their duties, and meet their duties, concerning the care, welfare and development of their children.
There are other factors that the Court might consider in any particular situations.
Why Choose Our Family Lawyers Steiglitz VIC
We are passionate regarding offering a specialized Family Law service Steiglitz that welcomes you, understands you as well as shows you empathy in tough times. Learn why you can be guaranteed of our commitment to your legal requirements.