Accredited Family Law & Separation Specialists In Strzelecki
We know family law. Our Family Solicitors Strzelecki have actually represented numerous family law customers throughout the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having particular know-how in divorce, child custody and home division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you get the best possible result. If you are seeking to engage the services of some of the best family solicitors Strzelecki has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Strzelecki, 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 abandonment are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is generally 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 offered after a 12 month period of separation. This 12 month separation period is to be a continuous duration and suggests more than physical separation where there is no probability 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 actually 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 provided the other with some home services. It may be difficult to establish that separation has actually taken place in these situations and appropriately the Court will need proof 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 has to regard Australia as your home, mean to reside in Strzelecki indefinitely or otherwise have the ability to provide evidence that you resided 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 needs 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 need to consider that proper 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.
As soon as a Divorce has been given the Divorce becomes reliable one month and one day after the Order has been made.
As soon as a Divorce has worked, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period might be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Strzelecki
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the beginning of any Court procedures the parties are required to attend, participate and make an authentic effort in resolving any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further settlements can be organized with the help of lawyer, arbitrators and counsellors Strzelecki.
If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should concern the very best interests of the child as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the children have the benefit of both of their parents having a meaningful involvement in their lives, to the optimum degree constant with the very best interest of the kid; and
safeguarding the children from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that children get appropriate and proper parenting to help them accomplish their complete potential; and
guaranteeing that parents satisfy their tasks, and meet their responsibilities, concerning the care, welfare and development of their kids.
There are other aspects that the Court might take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Strzelecki VIC
We are passionate about providing a specialized Family Law service Strzelecki that welcomes you, understands you and also shows you empathy in challenging times. Find out why you can be guaranteed of our dedication to your legal needs.