Accredited Family Law & Separation Specialists In Keysborough
We understand family law. Our Family Lawyers Keysborough have actually represented numerous family law clients 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 lawyers can represent you in all elements of family law, having specific competence in divorce, child custody and property division.
We are committed 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 very best possible result. If you are wanting to engage the services of a few of the best family legal representatives Keysborough has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Keysborough, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests 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 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 offered after a 12 month duration of separation. This 12 month separation period is to be a continuous period and indicates 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 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 living under the exact same roof or if one has supplied the other with some family services. It may be hard to develop that separation has actually happened in these situations and accordingly the Court will require proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, intend to reside in Keysborough forever or otherwise have the ability to provide proof that you lived in Australian for at least 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 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 consider that appropriate plans 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 household, and under the age of 18.
Once a Divorce has actually been granted the Divorce becomes efficient one month and one day after the Order has actually been made.
When a Divorce has worked, there is just a 12 month period where to submit 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 Keysborough
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the beginning of any Court proceedings the parties are required to go to, get involved and make a real attempt in fixing any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no contract can be reached, even more negotiations can be set up with the assistance of lawyer, mediators and counsellors Keysborough.
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 attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must concern the best interests of the kid 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 kids have the benefit of both of their parents having a meaningful participation in their lives, to the maximum level constant with the best interest of the child; and
protecting the children from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that children get adequate and appropriate parenting to help them accomplish their full potential; and
making sure that moms and dads fulfil their tasks, and fulfill their obligations, concerning the care, welfare and advancement of their kids.
There are other factors that the Court may consider in any specific scenarios.
Why Choose Our Family Lawyers Keysborough VIC
We are passionate regarding giving a specialized Family Law service Keysborough that welcomes you, understands you and also shows you empathy in hard times. Figure out why you can be assured of our dedication to your legal needs.