Accredited Family Law & Separation Specialists In Burwood East
We know family law. Our Family Solicitors Burwood East have represented numerous family law clients throughout the years and act for mums, fathers, grandmothers, grandpas, 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 expertise in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you acquire the very best possible outcome. If you are wanting to engage the services of a few of the best family solicitors Burwood East has to offer, then look no further. When engaging among our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Burwood East, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally 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 just readily available after a 12 month duration of separation. This 12 month separation period is to be a constant period and indicates more than physical separation where there is no possibility 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 not been separated for more than 12 months.
An application can still be made while the parties are residing under the exact same roof or if one has supplied the other with some family services. It might be difficult to develop 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 duration of 12 months of separation, either you or your spouse will need 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, plan to live in Burwood East 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 been married for less than 2 years, the Court needs 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 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 home, and under the age of 18.
As soon as a Divorce has been granted the Divorce becomes effective one month and one day after the Order has been made.
Once a Divorce has actually taken effect, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration may be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Burwood East
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a kid’s life.
Prior to the beginning of any Court proceedings the parties are needed to go to, take part and make an authentic effort in solving any parenting problems at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, further negotiations can be set up with the help of lawyer, arbitrators and counsellors Burwood East.
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 need confirmation that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should relate to the very best interests of the kid as the vital consideration.
According to 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 meaningful participation in their lives, to the maximum level constant with the best interest of the kid; and
securing the children from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids receive sufficient and appropriate parenting to help them attain their complete potential; and
guaranteeing that parents fulfil their responsibilities, and fulfill their responsibilities, concerning the care, well-being and advancement of their kids.
There are other aspects that the Court may take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Burwood East VIC
We are passionate regarding giving a specialized Family Law service Burwood East that welcomes you, understands you and shows you empathy in challenging times. Find out why you can be guaranteed of our dedication to your legal requirements.