Accredited Family Law & Divorce Specialists In Box Hill South
We know family law. Our Family Lawyers Box Hill South have represented numerous family law customers over the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific proficiency in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you acquire the best possible result. If you are aiming to engage the services of a few of the best family legal representatives Box Hill South has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Box Hill South, the Family Law Act 1975 developed 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 infidelity, violence or desertion are irrelevant. 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 marriage 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 period is to be a constant duration and suggests 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 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 same roof or if one has actually provided the other with some household services. It may be challenging to establish that separation has actually happened in these circumstances and accordingly the Court will require evidence in assistance 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 resident by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to reside in Box Hill South forever or otherwise have the ability to provide proof 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 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 have to consider that proper plans have actually been produced any child of the marriage, 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 family, and under the age of 18.
Once a Divorce has actually been granted the Divorce ends up being reliable one month and one day after the Order has actually been made.
When 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 period might be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Box Hill South
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 proceedings the parties are required to participate in, take part and make an authentic effort in dealing with any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, further settlements can be arranged with the assistance of lawyer, conciliators and counsellors Box Hill South.
If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to concern 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 fulfilled by:
ensuring that the children have the advantage of both of their moms and dads having a meaningful participation in their lives, to the optimum extent consistent with the very best interest of the child; and
protecting the children from physical and psychological damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that children receive sufficient and proper parenting to help them achieve their full potential; and
making sure that moms and dads satisfy their tasks, and fulfill their duties, concerning the care, well-being and advancement of their kids.
There are other elements that the Court might take into account in any specific circumstances.
Why Choose Our Family Lawyers Box Hill South VIC
We are passionate regarding giving a specialty Family Law service Box Hill South that welcomes you, understands you and also shows you empathy in tough times. Find out why you can be guaranteed of our dedication to your legal requirements.