Accredited Family Law & Divorce Specialists In Altona Gate
We know family law. Our Family Lawyers Altona Gate have represented hundreds of 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 solicitors can represent you in all aspects of family law, having particular proficiency 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 acquire the best possible outcome. If you are looking to engage the services of a few of the very best family lawyers Altona Gate has to offer, then look no more. When engaging one of our experts, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Altona Gate, 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 unimportant. The only ground for Divorce is that the marital relationship 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 file the application together.
An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation period is to be a continuous period and means 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 handle 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 residing under the exact same roof or if one has provided the other with some household services. It may be difficult to establish that separation has happened in these situations and appropriately the Court will need evidence in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have 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, plan to live in Altona Gate forever or otherwise be able to provide evidence that you resided in Australian for at least 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 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 need to consider that proper plans 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 household, and under the age of 18.
As soon as a Divorce has been given the Divorce ends up being effective one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period might be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Altona Gate
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 beginning of any Court procedures the parties are needed to attend, participate and make a genuine effort in dealing with any parenting problems at a family dispute resolution conference. Following completion of this conference, a Certificate is released 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 negotiations can be organized with the assistance of solicitor, conciliators and counsellors Altona Gate.
If no arrangement can be reached beyond the court system, an individual may 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 obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court should regard the very best interests of the kid as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the kids 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
securing the kids from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that kids get adequate and proper parenting to help them accomplish their full potential; and
guaranteeing that parents fulfil their tasks, and fulfill their duties, concerning the care, welfare and advancement of their children.
There are other elements that the Court might consider in any specific situations.
Why Choose Our Family Lawyers Altona Gate VIC
We are passionate about giving a specialty Family Law service Altona Gate that welcomes you, understands you and shows you empathy in hard times. Discover why you can be assured of our dedication to your legal requirements.