Accredited Family Law & Divorce Specialists In Kew
We know family law. Our Family Lawyers Kew have actually represented hundreds of family law customers throughout the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having specific proficiency in divorce, child custody and residential or commercial property division.
We are devoted to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you acquire the very best possible outcome. If you are wanting to engage the services of some of the best family solicitors Kew has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Kew, 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 accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits 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 period and suggests more than physical separation where there is no probability of reconciliation.
The application can be opposed in situations where the Court does not have jurisdiction to deal with 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 living under the exact same roof or if one has actually offered the other with some home services. It may be hard to establish that separation has taken place in these situations and appropriately the Court will require evidence in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will have to be an Australia citizen 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 Kew forever or otherwise have the ability to supply 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 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 think about that correct plans have been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, and under the age of 18.
As soon as a Divorce has been approved the Divorce becomes effective one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is just 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 circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Kew
Applications for Parenting Orders can be brought by either or both of the parents, 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 participate in, participate and make a real effort in resolving any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be organized with the support of solicitor, arbitrators and counsellors Kew.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to concern the best interests of the kid as the vital consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
making sure that the children have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the maximum degree consistent with the very best interest of the kid; and
securing the children from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
making sure that children get adequate and correct parenting to help them achieve their full potential; and
making sure that moms and dads satisfy their tasks, and fulfill their obligations, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court might take into consideration in any particular situations.
Why Choose Our Family Lawyers Kew VIC
We are passionate about giving a specialized Family Law service Kew that welcomes you, understands you and also shows you empathy in difficult times. Discover why you can be guaranteed of our commitment to your legal requirements.