Accredited Family Law & Separation Specialists In Albert Park
We know family law. Our Family Lawyers Albert Park have actually represented numerous family law customers for many years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having specific know-how in divorce, child custody and property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you obtain the best possible result. If you are planning to engage the services of some of the best family legal representatives Albert Park has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Albert Park, 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 accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually 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 submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration 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 living under the same roof or if one has actually offered the other with some family services. It might be difficult to establish that separation has happened in these situations and accordingly the Court will require proof in support of the application.
In addition to the requirements of a duration 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 partner has to regard Australia as your home, intend to live in Albert Park forever or otherwise be able to offer proof that you lived 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 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 proper arrangements have actually 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.
When a Divorce has been approved the Divorce ends up being reliable one month and one day after the Order has been made.
Once a Divorce has actually worked, there is just a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period may be given in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Albert Park
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 commencement of any Court proceedings the parties are required to participate in, participate and make a genuine attempt in resolving any parenting concerns at a household dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no contract can be reached, even more negotiations can be set up with the assistance of lawyer, conciliators and counsellors Albert Park.
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 need verification that the parties have actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to concern the best interests of the kid as the paramount consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the children have the advantage of both of their moms and dads having a meaningful participation in their lives, to the maximum degree consistent with the very best interest of the child; and
protecting the kids from physical and mental harm and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that children receive appropriate and appropriate parenting to help them accomplish their complete potential; and
making sure that parents fulfil their duties, and fulfill their duties, concerning the care, welfare and development of their children.
There are other elements that the Court might take into account in any specific circumstances.
Why Choose Our Family Lawyers Albert Park VIC
We are passionate about providing a specialty Family Law service Albert Park that welcomes you, understands you as well as shows you empathy in challenging times. Learn why you can be guaranteed of our commitment to your legal needs.