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Family Lawyer Ashwood VIC

Family Lawyer Ashwood VIC

Accredited Family Law & Divorce Specialists In Ashwood

We understand family law. Our Family Solicitors Ashwood have represented hundreds of family law clients throughout the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having specific expertise in divorce, child custody and home division.

We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you acquire the very best possible outcome. If you are planning to engage the services of a few of the best family lawyers Ashwood has to offer, then look no further. When engaging among our experts, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Ashwood, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.

Any application for Divorce is usually 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 submit the application together.

An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and suggests more than physical separation where there is no likelihood 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 not been separated for more than 12 months.

An application can still be made while the parties are residing under the same roof or if one has actually offered the other with some household services. It may be challenging to establish that separation has taken place in these scenarios and accordingly the Court will need proof 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, plan to live in Ashwood indefinitely or otherwise have the ability to provide evidence that you resided 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 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 consider that correct arrangements have been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that home, and under the age of 18.

When a Divorce has actually been granted the Divorce ends up being effective one month and one day after the Order has actually been made.

As soon as a Divorce has actually taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Ashwood

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

Prior to the commencement of any Court proceedings the parties are required to participate in, get involved and make a real effort in fixing any parenting problems at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If a contract is reached the regards to that contract can be formalised through an Application for Approval Orders. If no arrangement can be reached, further negotiations can be organized with the help of lawyer, mediators and counsellors Ashwood.

If no arrangement can be reached outside of the court system, a person 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 receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court should relate to the best interests of the child as the critical factor to consider.

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

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

securing the children from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and

guaranteeing that kids receive sufficient and proper parenting to assist them attain their complete potential; and

guaranteeing that parents satisfy their duties, and fulfill their responsibilities, concerning the care, well-being and advancement of their kids.

There are other aspects that the Court may consider in any specific circumstances.

Why Choose Our Family Lawyers Ashwood VIC

We are passionate regarding giving a specialized Family Law service Ashwood that welcomes you, understands you and shows you empathy in tough times. Discover why you can be guaranteed of our commitment to your legal requirements.

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