Accredited Family Law & Divorce Specialists In Jericho
We understand family law. Our Family Lawyers Jericho have represented hundreds of family law clients throughout the years and act for mums, dads, grandmas, grandfathers, married 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 particular proficiency in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you acquire the best possible result. If you are wanting to engage the services of some of the best family solicitors Jericho has to offer, then look no further. When engaging among our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Jericho, the Family Law Act 1975 established 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 accusations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is normally filed 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 file the application together.
An application for Divorce is only available 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 circumstances where the Court does not have jurisdiction to handle 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 supplied the other with some family services. It may be challenging to develop that separation has taken place in these situations and appropriately 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 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 Jericho indefinitely or otherwise be able to offer proof 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 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 proper plans have 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 home, and under the age of 18.
When a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this period may be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Jericho
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 beginning of any Court procedures the parties are needed to go to, participate and make a real effort in solving any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, further negotiations can be set up with the help of lawyer, conciliators and counsellors Jericho.
If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have actually tried a conflict 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 needs to relate to the very best interests of the kid as the vital consideration.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the children have the advantage of both of their moms and dads having a significant involvement in their lives, to the maximum degree constant with the best interest of the child; and
securing the kids from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
making sure that kids receive appropriate and proper parenting to assist them accomplish their full potential; and
guaranteeing that moms and dads fulfil their responsibilities, and fulfill their duties, concerning the care, well-being and advancement of their kids.
There are other factors that the Court may consider in any specific situations.
Why Choose Our Family Lawyers Jericho VIC
We are passionate about offering a specialty Family Law service Jericho that welcomes you, understands you as well as shows you empathy in challenging times. Find out why you can be assured of our dedication to your legal demands.