Call Us 1300 241 740

Family Lawyer Giffard West VIC

Family Lawyer Giffard West VIC

Accredited Family Law & Divorce Specialists In Giffard West

We understand family law. Our Family Lawyers Giffard West have represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having specific know-how in divorce, child custody and home division.

We are devoted 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 procedure so that you obtain the best possible outcome. If you are planning to engage the services of a few of the best family solicitors Giffard West has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Giffard West, the Family Law Act 1975 established 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 desertion are unimportant. The only ground for Divorce is that the marital relationship has 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 files the application, or a joint application where both parties submit the application together.

An application for Divorce is just offered after a 12 month period of separation. This 12 month separation duration is to be a constant 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 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 family services. It may be tough to establish that separation has actually happened in these situations and accordingly the Court will require proof in assistance 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 has to regard Australia as your home, intend to reside in Giffard West forever or otherwise have the ability to supply proof that you resided in Australian for a minimum of 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 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 need to consider that proper arrangements have actually been produced 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 household, and under the age of 18.

Once a Divorce has actually been given the Divorce ends up being effective one month and one day after the Order has been made.

Once a Divorce has worked, there is just a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this duration may be granted in situations where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Giffard West

Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.

Prior to the beginning of any Court procedures the parties are required to participate in, take part and make a genuine effort in resolving any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If a contract is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, further negotiations can be organized with the help of lawyer, conciliators and counsellors Giffard West.

If no contract can be reached outside of 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 dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court should concern the best interests of the child as the paramount factor to consider.

According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:

making sure that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the optimum extent constant with the very best interest of the child; and

protecting the children from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and

guaranteeing that kids receive appropriate and proper parenting to assist them attain their complete potential; and

making sure that moms and dads satisfy their duties, and fulfill their duties, concerning the care, welfare and development of their children.

There are other factors that the Court might take into account in any specific scenarios.

Why Choose Our Family Lawyers Giffard West VIC

We are passionate about offering a specialized Family Law service Giffard West that welcomes you, understands you and also shows you empathy in tough times. Figure out why you can be guaranteed of our commitment to your legal requirements.

Business Results 1 - 5 of 0

 
 

About: admin2018


Call Now ButtonCall Now