Accredited Family Law & Divorce Specialists In Burwood Heights
We know family law. Our Family Lawyers Burwood Heights have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having specific proficiency in divorce, child custody and property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not attainable, 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 very best family lawyers Burwood Heights has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Burwood Heights, 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 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 filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship 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 constant period 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 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 living under the very same roof or if one has supplied the other with some family services. It might be hard to develop that separation has taken place in these circumstances and accordingly the Court will require proof 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 developed, you or your partner needs to regard Australia as your home, mean to reside in Burwood Heights forever or otherwise be able to supply 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 requires 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 think about that proper arrangements 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 approved the Divorce becomes effective one month and one day after the Order has been made.
When a Divorce has taken effect, there is just a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Burwood Heights
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 start of any Court procedures the parties are required to attend, get involved and make an authentic attempt in dealing with any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, further negotiations can be arranged with the assistance of lawyer, conciliators and counsellors Burwood Heights.
If no contract can be reached beyond 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 disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court must concern the very best interests of the kid as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the kids have the benefit of both of their parents having a significant involvement in their lives, to the optimum degree consistent with the very best interest of the child; and
securing the children from physical and mental damage and from undergoing, or exposed to, abuse, overlook or family violence; and
guaranteeing that children get adequate and appropriate parenting to assist them achieve their complete potential; and
making sure that parents satisfy their tasks, and satisfy their responsibilities, concerning the care, well-being and advancement of their kids.
There are other elements that the Court may take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Burwood Heights VIC
We are passionate about offering a specialized Family Law service Burwood Heights that welcomes you, understands you and also shows you empathy in tough times. Discover why you can be assured of our commitment to your legal demands.