Call Us 1300 241 740

Family Lawyer Altona VIC

Family Lawyer Altona VIC

Accredited Family Law & Separation Specialists In Altona

We know family law. Our Family Lawyers Altona have actually represented hundreds of family law customers throughout the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having specific proficiency in divorce, child custody and residential or commercial property division.

We are dedicated to assisting 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 very best possible outcome. If you are wanting to engage the services of some of the best family lawyers Altona has to offer, then look no more. When engaging among our specialists, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Altona, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means 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 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 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 duration is to be a constant duration and implies 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 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 offered the other with some home services. It might be challenging to develop that separation has happened in these scenarios and accordingly the Court will need evidence in support of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, mean to reside in Altona 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 circumstances where a couple has actually been wed for less than 2 years, the Court needs 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 need to think about that correct plans 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 becomes reliable one month and one day after the Order has actually been made.

As soon as a Divorce has actually worked, there is just a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Altona

Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.

Prior to the beginning of any Court procedures the parties are required to participate in, take part and make a real effort in solving any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the terms of that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more negotiations can be set up with the support of lawyer, mediators and counsellors Altona.

If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.

In parenting matters, a Court needs to concern the best interests of the child as the vital consideration.

According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:

guaranteeing that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum degree constant with the best interest of the child; and

protecting the kids from physical and psychological harm and from undergoing, or exposed to, abuse, neglect or family violence; and

guaranteeing that children get adequate and proper parenting to assist them achieve their complete potential; and

ensuring that moms and dads fulfil their duties, and satisfy their responsibilities, concerning the care, welfare and advancement of their kids.

There are other aspects that the Court might consider in any specific scenarios.

Why Choose Our Family Lawyers Altona VIC

We are passionate regarding offering a specialized Family Law service Altona that welcomes you, understands you as well as shows you empathy in challenging times. Learn why you can be assured of our commitment to your legal requirements.

Business Results 1 - 5 of 0

 

Business Results 1 - 5 of 20
















 

About: admin2018


Call Now ButtonCall Now