Accredited Family Law & Separation Specialists In Strathmerton
We know family law. Our Family Solicitors Strathmerton have represented numerous family law clients for many years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular knowledge in divorce, child custody and home division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you obtain the best possible result. If you are planning to engage the services of a few of the best family lawyers Strathmerton has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Strathmerton, 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 allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is normally 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 readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and indicates 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 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 provided the other with some family services. It might be tough to establish that separation has taken place in these circumstances and appropriately 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 developed, you or your spouse needs to regard Australia as your home, intend to live in Strathmerton indefinitely or otherwise have the ability to supply proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually been married for less than 2 years, the Court requires the parties to attend 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 appropriate plans have been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that home, and under the age of 18.
As soon as a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is only 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 Strathmerton
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the start of any Court procedures the parties are needed to attend, get involved and make a genuine effort in fixing any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, further negotiations can be arranged with the assistance of solicitor, conciliators and counsellors Strathmerton.
If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to regard the best interests of the child as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the children have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum degree consistent with the very best interest of the kid; and
protecting the children from physical and mental damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that children receive appropriate and appropriate parenting to help them attain their complete potential; and
guaranteeing that parents satisfy their duties, and satisfy their obligations, concerning the care, well-being and development of their children.
There are other aspects that the Court might consider in any particular circumstances.
Why Choose Our Family Lawyers Strathmerton VIC
We are passionate about giving a specialized Family Law service Strathmerton that welcomes you, understands you as well as shows you empathy in hard times. Figure out why you can be assured of our dedication to your legal requirements.