Call Us 1300 241 740

Family Law Advice Stonehaven VIC

Family Law Advice Stonehaven VIC

Accredited Family Law & Separation Specialists In Stonehaven

We understand family law. Our Family Lawyers Stonehaven have represented hundreds of family law clients over the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having particular competence in divorce, child custody and residential or commercial property division.

We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you get the very best possible result. If you are looking to engage the services of some of the best family solicitors Stonehaven has to offer, then look no more. When engaging among our experts, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Stonehaven, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle 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 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 marriage submits the application, or a joint application where both parties submit the application together.

An application for Divorce is just available 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 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 same roof or if one has actually provided the other with some home services. It might be hard to develop that separation has happened in these scenarios and accordingly the Court will require evidence in support of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to live in Stonehaven 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 circumstances where a couple has actually 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 think about that correct arrangements have actually been made for any child of the marital relationship, 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.

As soon as a Divorce has actually been granted the Divorce becomes reliable one month and one day after the Order has been made.

Once a Divorce has actually taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this period may be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Stonehaven

Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.

Prior to the commencement of any Court proceedings the parties are required to attend, get involved and make a real attempt in fixing any parenting issues at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an agreement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be arranged with the assistance of lawyer, arbitrators and counsellors Stonehaven.

If no arrangement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.

In parenting matters, a Court needs to concern the very best interests of the child as the paramount consideration.

According to section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:

ensuring that the children have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the maximum extent consistent with the very best interest of the child; and

safeguarding the children from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and

making sure that kids get appropriate and proper parenting to assist them attain their full potential; and

guaranteeing that parents satisfy their duties, and fulfill their obligations, concerning the care, welfare and advancement of their children.

There are other elements that the Court might take into account in any particular circumstances.

Why Choose Our Family Lawyers Stonehaven VIC

We are passionate about giving a specialty Family Law service Stonehaven that welcomes you, understands you and shows you empathy in hard times. Learn why you can be guaranteed of our commitment to your legal requirements.

Business Results 1 - 5 of 0

 

Business Results 1 - 5 of 5

Maurice Blackburn Lawyers Geelong



Harwood Andrews



Ristevski Lawyers



Barwick Ristevski Lawyers



Shine Lawyers



 

About: admin2018


Call Now