Accredited Family Law & Divorce Specialists In Iona
We understand family law. Our Family Lawyers Iona have represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having particular knowledge in divorce, child custody and property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you get the very best possible result. If you are looking to engage the services of some of the very best family legal representatives Iona has to offer, then look no further. When engaging among our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Iona, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are irrelevant. 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 marriage submits the application, or a joint application where both parties file the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation period is to be a constant duration and implies 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 deal with the matter or otherwise where the parties to the proceedings have actually 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 actually offered the other with some household services. It might be challenging to develop that separation has happened in these situations and appropriately the Court will need proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner 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, plan to reside in Iona forever or otherwise be able to offer evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually been wed for less than 2 years, the Court requires the parties to participate in 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 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 dealt with as a member of that household, and under the age of 18.
Once a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period might be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Iona
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the beginning of any Court procedures the parties are needed to participate in, get involved and make a real effort in solving any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no arrangement can be reached, further negotiations can be set up with the assistance of solicitor, mediators and counsellors Iona.
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 need confirmation that the parties have tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should concern the very best interests of the kid as the vital consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the children have the benefit of both of their parents having a significant involvement in their lives, to the maximum level constant with the very best interest of the kid; and
safeguarding the children from physical and psychological damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids receive adequate and proper parenting to help them attain their full potential; and
ensuring that parents satisfy their duties, and meet their duties, concerning the care, welfare and development of their children.
There are other factors that the Court might take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Iona VIC
We are passionate about offering a specialized Family Law service Iona that welcomes you, understands you as well as shows you empathy in hard times. Find out why you can be assured of our commitment to your legal demands.