Accredited Family Law & Separation Specialists In Belvedere Park
We understand family law. Our Family Lawyers Belvedere Park have represented numerous family law customers for many years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having particular know-how in divorce, child custody and home division.
We are committed 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 obtain the very best possible outcome. If you are aiming to engage the services of some of the very best family solicitors Belvedere Park has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Belvedere Park, 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 adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage 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 marital relationship submits the application, or a joint application where both parties submit the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and suggests more than physical separation where there is no probability 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 not been separated for more than 12 months.
An application can still be made while the parties are living under the exact same roof or if one has supplied the other with some household services. It might be challenging to establish that separation has happened in these circumstances and accordingly the Court will require evidence in support of the application.
In addition to the requirements of a period 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 established, you or your partner has to regard Australia as your home, intend to reside in Belvedere Park forever or otherwise be able to offer proof that you resided 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 requires 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 actually 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 treated as a member of that family, and under the age of 18.
When a Divorce has actually been given the Divorce ends up being reliable one month and one day after the Order has been made.
Once a Divorce has worked, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period might be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Belvedere Park
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court procedures the parties are required to participate in, get involved and make a real attempt in resolving any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, even more settlements can be organized with the support of solicitor, mediators and counsellors Belvedere Park.
If no agreement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should regard the best interests of the kid as the critical consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum degree constant with the best interest of the kid; and
protecting the children from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and
making sure that children get adequate and proper parenting to assist them achieve their full potential; and
ensuring that parents satisfy their responsibilities, and fulfill their responsibilities, concerning the care, welfare and development of their kids.
There are other aspects that the Court might consider in any specific circumstances.
Why Choose Our Family Lawyers Belvedere Park VIC
We are passionate regarding offering a specialty Family Law service Belvedere Park that welcomes you, understands you and shows you empathy in hard times. Learn why you can be guaranteed of our commitment to your legal requirements.