Accredited Family Law & Separation Specialists In Grassdale
We know family law. Our Family Lawyers Grassdale have represented numerous family law clients for many years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific knowledge in divorce, child custody and property division.
We are committed 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 get the very best possible result. If you are aiming to engage the services of some of the very best family legal representatives Grassdale has to offer, then look no further. When engaging among our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Grassdale, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle suggests 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 generally 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 submit the application together.
An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and means more than physical separation where there is no probability of reconciliation.
The application can be opposed in circumstances 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 provided the other with some household services. It may be difficult to establish that separation has actually taken place in these situations and accordingly the Court will require evidence 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, plan to live in Grassdale indefinitely or otherwise be able to offer 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 been wed 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 consider that proper arrangements have 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 dealt with as a member of that family, and under the age of 18.
Once a Divorce has actually been granted the Divorce ends up being effective one month and one day after the Order has actually been made.
When a Divorce has worked, there is just a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Grassdale
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the start of any Court procedures the parties are required to attend, take part and make a genuine effort in solving any parenting problems at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Permission Orders. If no contract can be reached, even more negotiations can be organized with the assistance of lawyer, arbitrators and counsellors Grassdale.
If no contract can be reached outside of the court system, a person may 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 obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to concern the best interests of the kid as the critical factor to consider.
Inning accordance with 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 moms and dads having a meaningful participation in their lives, to the maximum level constant with the very best interest of the child; and
securing the kids from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
ensuring that children receive appropriate and proper parenting to assist them achieve their full potential; and
ensuring that parents fulfil their duties, and meet their duties, concerning the care, welfare and development of their children.
There are other factors that the Court may consider in any particular circumstances.
Why Choose Our Family Lawyers Grassdale VIC
We are passionate regarding offering a specialty Family Law service Grassdale that welcomes you, understands you and also shows you empathy in hard times. Learn why you can be assured of our commitment to your legal needs.