Accredited Family Law & Separation Specialists In Brighton Road
We know family law. Our Family Solicitors Brighton Road have represented hundreds of family law customers over the 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 aspects of family law, having specific knowledge in divorce, child custody and residential or commercial property division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you acquire the very best possible outcome. If you are planning to engage the services of a few of the best family solicitors Brighton Road has to offer, then look no more. When engaging one of our experts, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Brighton Road, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has 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 files the application, or a joint application where both parties submit the application together.
An application for Divorce is only offered after a 12 month period 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 actually 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 supplied the other with some home services. It might be tough to establish that separation has occurred in these situations and accordingly the Court will require 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 need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to live in Brighton Road forever or otherwise be able to offer proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been married for less than 2 years, the Court requires the parties to participate in 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 think about that appropriate arrangements have been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with 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 taken effect, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period might be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Brighton Road
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the beginning of any Court proceedings the parties are needed to attend, get involved and make a real effort in solving any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further negotiations can be arranged with the assistance of lawyer, arbitrators and counsellors Brighton Road.
If no contract can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require 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 start of Court proceedings.
In parenting matters, a Court needs to relate to 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 met by:
making sure that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum extent consistent with the best interest of the kid; and
securing the kids from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and
ensuring that kids get sufficient and proper parenting to help them attain their complete potential; and
ensuring that moms and dads satisfy their duties, and fulfill their obligations, concerning the care, well-being and development of their children.
There are other factors that the Court may consider in any particular circumstances.
Why Choose Our Family Lawyers Brighton Road VIC
We are passionate about providing a specialty Family Law service Brighton Road that welcomes you, understands you as well as shows you empathy in hard times. Figure out why you can be assured of our commitment to your legal requirements.