Accredited Family Law & Separation Specialists In Kenley
We understand family law. Our Family Solicitors Kenley have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having particular expertise in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you obtain the very best possible result. If you are planning to engage the services of a few of the very best family solicitors Kenley has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Kenley, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, 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 usually submitted 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 continuous period and implies more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations 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 exact same roof or if one has actually offered the other with some household services. It might be challenging to establish that separation has actually occurred in these situations and appropriately the Court will need evidence in assistance 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to live in Kenley indefinitely or otherwise be able to supply proof that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been wed 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 have to consider that proper arrangements have actually been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that household, and under the age of 18.
When a Divorce has been given the Divorce becomes effective one month and one day after the Order has actually been made.
When a Divorce has worked, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period may be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Kenley
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the start of any Court proceedings the parties are required to go to, take part and make a genuine effort in dealing with any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Approval Orders. If no agreement can be reached, even more settlements can be organized with the help of lawyer, arbitrators and counsellors Kenley.
If no arrangement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to regard the very best interests of the child as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the kids have the advantage of both of their parents having a significant participation in their lives, to the maximum degree constant with the very best interest of the child; and
safeguarding the kids from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids get appropriate and appropriate 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 aspects that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Kenley VIC
We are passionate about providing a specialty Family Law service Kenley that welcomes you, understands you and also shows you empathy in hard times. Find out why you can be assured of our commitment to your legal demands.