Accredited Family Law & Separation Specialists In Addington
We know family law. Our Family Solicitors Addington have actually represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandpas, 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 specific knowledge in divorce, child custody and residential or commercial property division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you get the best possible result. If you are aiming to engage the services of a few of the best family legal representatives Addington has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Addington, 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 abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally filed 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 file the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation period is to be a constant period and means more than physical separation where there is no possibility 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 very same roof or if one has actually offered the other with some family services. It may be tough to develop that separation has happened in these scenarios and accordingly the Court will need evidence in assistance 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 person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to live in Addington forever or otherwise be able to supply evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has actually been married 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 have to consider that appropriate arrangements have actually been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that home, and under the age of 18.
Once a Divorce has actually been given the Divorce becomes efficient one month and one day after the Order has been made.
Once a Divorce has worked, there is just a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this period might be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Addington
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the beginning of any Court procedures the parties are needed to participate in, participate and make a real attempt in solving 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 regards to that agreement can be formalised through an Application for Permission Orders. If no arrangement can be reached, further settlements can be organized with the support of lawyer, conciliators and counsellors Addington.
If no contract can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should concern the very best interests of the kid as the vital factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the maximum degree consistent with the best interest of the kid; and
securing the kids from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids receive adequate and proper parenting to help them achieve their complete potential; and
ensuring that moms and dads fulfil their responsibilities, and fulfill their obligations, concerning the care, welfare and advancement of their children.
There are other factors that the Court may consider in any particular situations.
Why Choose Our Family Lawyers Addington VIC
We are passionate regarding giving a specialty Family Law service Addington that welcomes you, understands you and shows you empathy in tough times. Find out why you can be guaranteed of our commitment to your legal demands.