Family Law Advice Stradbroke VIC

Accredited Family Law & Divorce Specialists In Stradbroke

We understand family law. Our Family Lawyers Stradbroke have actually represented hundreds of family law customers over the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having specific know-how 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 process so that you obtain the best possible outcome. If you are aiming to engage the services of some of the best family lawyers Stradbroke has to offer, then look no more. When engaging among our specialists, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Stradbroke, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests 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 marital relationship 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 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 constant duration and suggests more than physical separation where there is no probability of reconciliation.

The application can be opposed in circumstances 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 residing under the exact same roof or if one has actually offered the other with some family services. It may be challenging to establish that separation has actually occurred in these situations 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 partner will need to be an Australia resident 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 Stradbroke indefinitely or otherwise have the ability to supply evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has actually been wed 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 consider that appropriate arrangements have been produced 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 family, and under the age of 18.

When a Divorce has actually been approved the Divorce becomes effective one month and one day after the Order has actually been made.

Once a Divorce has actually worked, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period may be given in circumstances where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Stradbroke

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 procedures the parties are required to go to, take part and make a genuine attempt in resolving any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.

If a contract is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be arranged with the help of lawyer, mediators and counsellors Stradbroke.

If no arrangement can be reached beyond the court system, an individual might 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 getting this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court must regard the very best interests of the child as the vital consideration.

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

guaranteeing that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the maximum level constant with the very best interest of the child; and

safeguarding the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and

guaranteeing that kids receive adequate and proper parenting to help them accomplish their complete potential; and

guaranteeing that parents fulfil their tasks, and fulfill their duties, concerning the care, welfare and advancement of their kids.

There are other factors that the Court may consider in any particular situations.

Why Choose Our Family Lawyers Stradbroke VIC

We are passionate about providing a specialty Family Law service Stradbroke that welcomes you, understands you as well as shows you empathy in tough times. Find out why you can be assured of our commitment to your legal needs.

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