Accredited Family Law & Separation Specialists In Stockdale
We know family law. Our Family Lawyers Stockdale have represented numerous family law clients over the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular knowledge in divorce, child custody and property division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you acquire the very best possible result. If you are planning to engage the services of some of the very best family legal representatives Stockdale has to offer, then look no further. When engaging among our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Stockdale, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is usually 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 period of separation. This 12 month separation duration is to be a constant period and indicates 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 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 provided the other with some home services. It may be difficult to develop that separation has actually taken place in these situations and appropriately 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 have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to reside in Stockdale forever or otherwise be able to provide evidence that you lived in Australian for at least 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 have to consider that appropriate arrangements 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 treated as a member of that household, and under the age of 18.
As soon as a Divorce has actually been granted the Divorce ends up being efficient one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period may be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Stockdale
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the commencement of any Court procedures the parties are needed to attend, participate and make a genuine effort in fixing any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, further settlements can be organized with the help of lawyer, mediators and counsellors Stockdale.
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 require verification that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court should concern the very best interests of the kid as the vital consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the optimum extent consistent with the best interest of the kid; and
safeguarding the children from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and
making sure that children get appropriate and appropriate parenting to assist them attain their complete potential; and
making sure that parents satisfy their tasks, and satisfy their duties, concerning the care, welfare and advancement of their children.
There are other factors that the Court might take into account in any specific circumstances.
Why Choose Our Family Lawyers Stockdale VIC
We are passionate about providing a specialized Family Law service Stockdale that welcomes you, understands you as well as shows you empathy in hard times. Learn why you can be guaranteed of our commitment to your legal requirements.