Accredited Family Law & Divorce Specialists In Kinglake Central
We understand family law. Our Family Solicitors Kinglake Central have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific competence in divorce, child custody and property division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you get the very best possible result. If you are wanting to engage the services of a few of the very best family solicitors Kinglake Central has to offer, then look no further. When engaging among our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Kinglake Central, 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 abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is normally submitted 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 file the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation period is to be a continuous period and means more than physical separation where there is no possibility of reconciliation.
The application can be opposed in circumstances 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 living under the exact same roof or if one has offered the other with some family services. It might be difficult to establish that separation has actually occurred 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 need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to live in Kinglake Central forever or otherwise be able to provide proof that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been wed 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 think about that appropriate arrangements have been made for any child of the marital relationship, or a child from another relationship, or a child who has 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.
When a Divorce has taken effect, there is just a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period may be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Kinglake Central
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court procedures the parties are needed to participate in, get involved and make a real effort in dealing with any parenting concerns at a household dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no contract can be reached, even more negotiations can be arranged with the assistance of lawyer, mediators and counsellors Kinglake Central.
If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should regard the best interests of the kid as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
making sure that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the optimum extent constant with the very best interest of the child; and
protecting the children from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that kids get appropriate and correct parenting to help them achieve their full potential; and
ensuring that moms and dads fulfil their duties, and fulfill their obligations, concerning the care, well-being and advancement of their kids.
There are other elements that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Kinglake Central VIC
We are passionate regarding giving a specialized Family Law service Kinglake Central that welcomes you, understands you and shows you empathy in hard times. Figure out why you can be guaranteed of our dedication to your legal demands.