Accredited Family Law & Separation Specialists In Strathkellar
We know family law. Our Family Lawyers Strathkellar have represented hundreds of 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 lawyers can represent you in all elements of family law, having specific expertise in divorce, child custody and home division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you acquire the very best possible result. If you are looking to engage the services of some of the best family legal representatives Strathkellar has to offer, then look no more. When engaging among our experts, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Strathkellar, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle indicates 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 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 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 probability of reconciliation.
The application can be opposed in situations 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 exact same roof or if one has actually supplied the other with some family services. It may be hard to develop that separation has actually happened in these situations 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 resident by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, mean to reside in Strathkellar forever or otherwise be able to supply evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been wed for less than 2 years, the Court requires the parties to participate in 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 correct arrangements have been made for any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that family, and under the age of 18.
Once a Divorce has been approved the Divorce ends up being reliable one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period might be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Strathkellar
Applications for Parenting Orders can be brought by either or both of the parents, 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 participate in, get involved and make a real attempt in resolving any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further negotiations can be organized with the support of solicitor, mediators and counsellors Strathkellar.
If no contract can be reached outside of 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 disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court must concern the very best interests of the kid as the vital consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum level consistent with the very best interest of the child; and
protecting the children from physical and psychological damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that children get adequate and correct parenting to help them attain their complete potential; and
making sure that moms and dads satisfy their tasks, and meet their responsibilities, concerning the care, welfare and development of their kids.
There are other elements that the Court might consider in any specific circumstances.
Why Choose Our Family Lawyers Strathkellar VIC
We are passionate about offering a specialty Family Law service Strathkellar that welcomes you, understands you and shows you empathy in tough times. Figure out why you can be guaranteed of our dedication to your legal demands.