Accredited Family Law & Divorce Specialists In Keilor Lodge
We know family law. Our Family Lawyers Keilor Lodge have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, 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 know-how in divorce, child custody and home division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you obtain the best possible outcome. If you are looking to engage the services of a few of the best family lawyers Keilor Lodge has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Keilor Lodge, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates 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 marital relationship has actually broken down irretrievably.
Any application for Divorce is generally 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 submit the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation period is to be a continuous duration and implies more than physical separation where there is no possibility of reconciliation.
The application can be opposed in scenarios 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 living under the same roof or if one has actually offered the other with some family services. It may be challenging to establish that separation has occurred in these situations and appropriately the Court will need evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need 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, intend to live in Keilor Lodge indefinitely or otherwise be able to provide proof that you resided in Australian for at least 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 attend 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 correct plans 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 household, and under the age of 18.
When a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has been made.
As soon as a Divorce has worked, there is just a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period might be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Keilor Lodge
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 child’s life.
Prior to the beginning of any Court proceedings the parties are required to attend, take part and make a genuine effort in dealing with any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no contract can be reached, further settlements can be arranged with the assistance of lawyer, arbitrators and counsellors Keilor Lodge.
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 require verification that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must regard the best interests of the kid as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum level consistent with the very best interest of the child; and
securing the children from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that children receive adequate and proper parenting to assist them achieve their full potential; and
guaranteeing that parents fulfil their duties, and meet their duties, concerning the care, welfare and development of their kids.
There are other aspects that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Keilor Lodge VIC
We are passionate about offering a specialty Family Law service Keilor Lodge that welcomes you, understands you and shows you empathy in tough times. Discover why you can be guaranteed of our commitment to your legal demands.