Accredited Family Law & Divorce Specialists In Aire Valley
We understand family law. Our Family Lawyers Aire Valley have represented numerous family law clients throughout the years and act for mums, fathers, grandmothers, grandpas, married 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 property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you get the best possible result. If you are aiming to engage the services of some of the best family legal representatives Aire Valley has to offer, then look no further. When engaging among our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Aire Valley, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies 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 marriage has actually 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 marriage submits the application, or a joint application where both parties file the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation period is to be a constant duration and means 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 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 offered the other with some home services. It may be challenging to develop that separation has actually taken place in these situations and accordingly the Court will require 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 citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, mean to reside in Aire Valley indefinitely or otherwise have the ability 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 been married 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 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 home, and under the age of 18.
As soon as a Divorce has actually been approved the Divorce ends up being reliable one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period might be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Aire Valley
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 beginning of any Court proceedings the parties are needed to attend, take part and make a genuine effort in dealing with any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, further settlements can be organized with the assistance of solicitor, arbitrators and counsellors Aire Valley.
If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should relate to the very best interests of the child as the vital consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the advantage of both of their moms and dads having a significant involvement in their lives, to the optimum extent consistent with the very best interest of the child; and
protecting the children from physical and psychological harm and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that children receive sufficient and appropriate parenting to assist them achieve their complete potential; and
making sure that moms and dads fulfil their duties, and meet their responsibilities, concerning the care, well-being and advancement of their kids.
There are other factors that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Aire Valley VIC
We are passionate about offering a specialized Family Law service Aire Valley that welcomes you, understands you and shows you empathy in difficult times. Discover why you can be guaranteed of our dedication to your legal needs.