Accredited Family Law & Divorce Specialists In Strathdownie
We know family law. Our Family Lawyers Strathdownie have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having particular expertise in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you acquire the best possible result. If you are planning to engage the services of a few of the very best family legal representatives Strathdownie has to offer, then look no more. When engaging one of our experts, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Strathdownie, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually 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 marital relationship files the application, or a joint application where both parties submit the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and implies 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 deal with 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 same roof or if one has provided the other with some family services. It may be tough to establish that separation has occurred in these circumstances and accordingly the Court will need evidence in support 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 spouse needs to regard Australia as your home, intend to live in Strathdownie forever or otherwise be able to provide 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 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 need to think about that correct plans have 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.
When a Divorce has been approved the Divorce ends up being reliable one month and one day after the Order has been made.
When a Divorce has worked, there is just a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Strathdownie
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a child’s life.
Prior to the commencement of any Court procedures the parties are required to go to, get involved and make a real effort in fixing any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Permission Orders. If no contract can be reached, further settlements can be set up with the help of lawyer, conciliators and counsellors Strathdownie.
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 verification that the parties have actually tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should regard the very best interests of the child as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum degree consistent with the best interest of the child; and
securing the kids from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that kids receive adequate and appropriate parenting to assist them attain their complete potential; and
making sure that parents fulfil their responsibilities, and meet their obligations, concerning the care, well-being and development of their children.
There are other aspects that the Court might take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Strathdownie VIC
We are passionate about giving a specialized Family Law service Strathdownie that welcomes you, understands you as well as shows you empathy in hard times. Figure out why you can be guaranteed of our dedication to your legal demands.