Accredited Family Law & Separation Specialists In Korong Vale
We know family law. Our Family Solicitors Korong Vale 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 experienced family law and divorce lawyers can represent you in all aspects of family law, having specific competence in divorce, child custody and 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 procedure so that you get the very best possible outcome. If you are aiming to engage the services of a few of the very best family legal representatives Korong Vale has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Korong Vale, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is typically filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage 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 duration is to be a continuous duration and suggests 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 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 provided the other with some household services. It might be difficult to establish that separation has actually happened in these scenarios and accordingly the Court will require evidence in support 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 person 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 Korong Vale indefinitely or otherwise be able to offer evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances 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 proper arrangements have actually been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that home, and under the age of 18.
When a Divorce has actually been given the Divorce ends up being reliable one month and one day after the Order has actually been made.
Once a Divorce has actually taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period may be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Korong Vale
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a kid’s life.
Prior to the start of any Court procedures the parties are required to go to, participate and make a genuine attempt in fixing any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no contract can be reached, further negotiations can be arranged with the help of solicitor, arbitrators and counsellors Korong Vale.
If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to 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 satisfied by:
making sure that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum extent constant with the best interest of the child; and
safeguarding the children from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids get sufficient and appropriate parenting to help them attain their full potential; and
making sure that moms and dads satisfy their responsibilities, and fulfill their obligations, concerning the care, welfare and advancement of their children.
There are other elements that the Court might consider in any particular situations.
Why Choose Our Family Lawyers Korong Vale VIC
We are passionate regarding giving a specialized Family Law service Korong Vale that welcomes you, understands you and shows you empathy in challenging times. Find out why you can be guaranteed of our commitment to your legal needs.