Accredited Family Law & Divorce Specialists In Ivanhoe East
We know family law. Our Family Solicitors Ivanhoe East have actually represented numerous family law clients throughout the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific proficiency in divorce, child custody and home division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully 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 Ivanhoe East has to offer, then look no more. When engaging one of our experts, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Ivanhoe East, 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 accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship 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 file 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 constant period and indicates 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 actually not been separated for more than 12 months.
An application can still be made while the parties are residing under the very same roof or if one has offered the other with some household services. It might be hard to establish that separation has happened in these situations and appropriately the Court will need evidence 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 citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, plan to live in Ivanhoe East indefinitely or otherwise be able to provide evidence that you lived in Australian for a minimum of 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 need to consider that proper plans have actually been made for any child of the marriage, 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 home, and under the age of 18.
As soon as a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is just a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this duration might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Ivanhoe East
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the start of any Court procedures the parties are required to go to, take part and make an authentic 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 an arrangement is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no agreement can be reached, even more settlements can be arranged with the support of solicitor, arbitrators and counsellors Ivanhoe East.
If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must regard the best interests of the child as the vital factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the children have the benefit of both of their parents having a significant involvement in their lives, to the optimum degree constant with the best interest of the child; and
protecting the children from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and
ensuring that kids receive adequate and proper parenting to help them achieve their complete potential; and
making sure that moms and dads satisfy their tasks, and meet their duties, concerning the care, well-being and development of their children.
There are other factors that the Court might consider in any particular circumstances.
Why Choose Our Family Lawyers Ivanhoe East VIC
We are passionate about giving a specialized Family Law service Ivanhoe East that welcomes you, understands you and also shows you empathy in hard times. Figure out why you can be assured of our dedication to your legal needs.