Accredited Family Law & Separation Specialists In Belmont
We know family law. Our Family Lawyers Belmont have actually represented hundreds of family law customers throughout the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having specific expertise in divorce, child custody and home 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 expertly throughout the Court procedure so that you obtain the best possible outcome. If you are seeking to engage the services of a few of the best family lawyers Belmont has to offer, then look no further. When engaging one of our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Belmont, 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 allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is typically submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files 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 period of separation. This 12 month separation period is to be a constant duration and means more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios 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 living under the same roof or if one has offered the other with some family services. It may be difficult to establish that separation has happened in these situations and appropriately the Court will need evidence in support of the application.
In addition to the requirements of a period 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 has to regard Australia as your home, mean to reside in Belmont indefinitely or otherwise have the ability to offer proof that you resided in Australian for at least 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 requires 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 consider that proper arrangements have actually 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 household, and under the age of 18.
When a Divorce has been granted the Divorce becomes reliable one month and one day after the Order has actually been made.
Once a Divorce has actually taken effect, there is only a 12 month period where 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 Belmont
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 beginning of any Court procedures the parties are required to participate in, take part and make a real attempt in resolving any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more settlements can be set up with the support of lawyer, conciliators and counsellors Belmont.
If no agreement 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 disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should regard the best interests of the child as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum level constant with the very best interest of the child; and
securing the children from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and
making sure that children get sufficient and correct parenting to assist them attain their full potential; and
ensuring that moms and dads satisfy their duties, and meet their obligations, concerning the care, welfare and development of their kids.
There are other aspects that the Court might consider in any specific scenarios.
Why Choose Our Family Lawyers Belmont VIC
We are passionate about providing a specialty Family Law service Belmont that welcomes you, understands you as well as shows you empathy in hard times. Find out why you can be guaranteed of our commitment to your legal demands.