Accredited Family Law & Divorce Specialists In Kennington
We understand family law. Our Family Solicitors Kennington have represented hundreds of family law customers over the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having specific know-how in divorce, child custody and property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you obtain the best possible outcome. If you are wanting to engage the services of some of the very best family lawyers Kennington has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Kennington, the Family Law Act 1975 developed 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 adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has 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 period is to be a continuous duration and means 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 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 offered the other with some home services. It may be tough to establish that separation has occurred 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 need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, mean to live in Kennington indefinitely or otherwise have the ability to provide evidence that you resided in Australian for at least 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 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 think about 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 home, and under the age of 18.
When a Divorce has actually been granted the Divorce becomes reliable one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration might be approved in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Kennington
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 commencement of any Court proceedings the parties are needed to participate in, get involved and make a genuine attempt in fixing any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be arranged with the support of solicitor, conciliators and counsellors Kennington.
If no agreement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to concern the best interests of the child as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the kids have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the maximum level consistent with the best interest of the kid; and
securing the children from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
making sure that kids receive adequate and appropriate parenting to assist them accomplish their full potential; and
ensuring that parents satisfy their responsibilities, and satisfy their obligations, concerning the care, welfare and development of their children.
There are other elements that the Court might take into account in any particular circumstances.
Why Choose Our Family Lawyers Kennington VIC
We are passionate about providing a specialty Family Law service Kennington that welcomes you, understands you and shows you empathy in hard times. Figure out why you can be assured of our commitment to your legal requirements.