Accredited Family Law & Separation Specialists In Kew East
We know family law. Our Family Lawyers Kew East have represented numerous family law clients throughout the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having specific competence in divorce, child custody and residential or commercial property division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you obtain the best possible result. If you are aiming to engage the services of some of the very best family solicitors Kew East has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Kew East, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is generally 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 submit the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation period is to be a continuous period and indicates 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 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 same roof or if one has provided the other with some home services. It may be challenging to develop that separation has occurred in these scenarios and appropriately the Court will require proof 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 needs to regard Australia as your home, intend to reside in Kew East indefinitely or otherwise have the ability to supply evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has actually been married 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 proper plans have actually 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 family, and under the age of 18.
Once a Divorce has actually been granted the Divorce ends up being reliable one month and one day after the Order has been made.
Once a Divorce has worked, there is only a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Kew East
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court procedures the parties are needed to attend, get involved and make a genuine effort in resolving any parenting issues at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more negotiations can be arranged with the assistance of solicitor, arbitrators and counsellors Kew East.
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 require verification that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should regard the very best interests of the child as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the children have the benefit of both of their parents having a meaningful participation in their lives, to the maximum extent consistent with the best interest of the child; and
protecting the kids from physical and psychological harm and from going through, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids receive adequate and correct parenting to assist them achieve their full potential; and
guaranteeing that parents satisfy their responsibilities, and fulfill their obligations, concerning the care, welfare and development of their children.
There are other aspects that the Court may consider in any particular scenarios.
Why Choose Our Family Lawyers Kew East VIC
We are passionate regarding giving a specialty Family Law service Kew East that welcomes you, understands you as well as shows you empathy in difficult times. Figure out why you can be guaranteed of our dedication to your legal requirements.