Accredited Family Law & Divorce Specialists In Burnside
We know family law. Our Family Solicitors Burnside have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having specific competence in divorce, child custody and residential or commercial property division.
We are committed 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 procedure so that you acquire the best possible outcome. If you are aiming to engage the services of some of the very best family lawyers Burnside has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Burnside, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is generally 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 offered after a 12 month duration of separation. This 12 month separation period is to be a continuous period and means more than physical separation where there is no probability of reconciliation.
The application can be opposed in situations 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 actually offered the other with some household services. It might be hard to develop that separation has happened in these circumstances and accordingly the Court will require evidence in assistance of the application.
In addition to the requirements of a duration 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 spouse needs to regard Australia as your home, mean to reside in Burnside forever or otherwise be able to provide 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 wed 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 need to consider that appropriate plans have been produced any child of the marital relationship, 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.
As soon as a Divorce has actually been given the Divorce becomes effective 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 in which to submit an application for property/financial and spousal upkeep. An extension to this duration might be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Burnside
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are required to participate in, participate and make a genuine effort in dealing with any parenting issues at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Permission Orders. If no contract can be reached, further negotiations can be arranged with the support of lawyer, arbitrators and counsellors Burnside.
If no contract can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have tried a conflict 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 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 children have the advantage of both of their parents having a significant participation in their lives, to the maximum level consistent with the best interest of the child; and
protecting the children from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that children receive sufficient and correct parenting to assist them accomplish their full potential; and
making sure that moms and dads fulfil their tasks, and fulfill their obligations, concerning the care, welfare and advancement of their children.
There are other elements that the Court might consider in any specific scenarios.
Why Choose Our Family Lawyers Burnside VIC
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