Accredited Family Law & Divorce Specialists In Archdale Junction
We understand family law. Our Family Lawyers Archdale Junction have represented hundreds of family law customers for many years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having specific expertise in divorce, child custody and residential or commercial property division.
We are devoted 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 get the very best possible result. If you are planning to engage the services of some of the best family lawyers Archdale Junction has to offer, then look no more. When engaging among our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Archdale Junction, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is typically 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 submit the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation duration is to be a constant duration and means more than physical separation where there is no possibility 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 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 supplied the other with some home services. It may be challenging to develop that separation has happened in these scenarios and appropriately the Court will require proof 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, intend to live in Archdale Junction forever or otherwise be able to provide evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been married 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 have to think about that appropriate plans have been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that family, and under the age of 18.
Once a Divorce has been given the Divorce ends up being reliable one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this duration may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Archdale Junction
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are needed to participate in, get involved and make an authentic effort in solving any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, further negotiations can be arranged with the assistance of lawyer, conciliators and counsellors Archdale Junction.
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 need verification that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must regard the best interests of the child as the critical factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum level consistent with the best interest of the child; and
safeguarding the children from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that children get sufficient and appropriate parenting to help them accomplish their complete potential; and
ensuring that parents satisfy their responsibilities, and meet their duties, concerning the care, welfare and advancement of their kids.
There are other elements that the Court might take into account in any specific situations.
Why Choose Our Family Lawyers Archdale Junction VIC
We are passionate about offering a specialty Family Law service Archdale Junction that welcomes you, understands you and shows you empathy in difficult times. Discover why you can be guaranteed of our dedication to your legal requirements.