Accredited Family Law & Divorce Specialists In Kings Park
We understand family law. Our Family Solicitors Kings Park have represented numerous family law customers over the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having specific competence in divorce, child custody and home division.
We are committed 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 best possible outcome. If you are planning to engage the services of a few of the best family solicitors Kings Park has to offer, then look no further. When engaging among our experts, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Kings Park, the Family Law Act 1975 developed 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 marriage has 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 marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and implies more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in circumstances 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 same roof or if one has actually offered the other with some household services. It might be difficult to develop that separation has actually happened in these scenarios and appropriately the Court will require evidence in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia resident 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 Kings Park forever or otherwise have the ability to provide evidence that you lived 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 go to 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 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 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 just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration may be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Kings Park
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 start of any Court proceedings the parties are needed to attend, get involved and make a genuine effort in solving any parenting issues at a household conflict 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 Authorization Orders. If no agreement can be reached, further settlements can be arranged with the assistance of lawyer, arbitrators and counsellors Kings Park.
If no arrangement 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 actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring 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.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum extent constant with the best interest of the kid; and
safeguarding the kids from physical and psychological harm and from undergoing, or exposed to, abuse, overlook or family violence; and
guaranteeing that children get sufficient and appropriate parenting to assist them attain their complete potential; and
ensuring that moms and dads satisfy their responsibilities, and fulfill their responsibilities, concerning the care, well-being and advancement of their children.
There are other elements that the Court may take into consideration in any specific circumstances.
Why Choose Our Family Lawyers Kings Park VIC
We are passionate regarding giving a specialty Family Law service Kings Park that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal needs.