Accredited Family Law & Divorce Specialists In Kyvalley
We understand family law. Our Family Solicitors Kyvalley have represented hundreds of family law clients throughout the years and act for mums, dads, grandmas, grandpas, 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 assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you get the best possible result. If you are planning to engage the services of a few of the best family legal representatives Kyvalley has to offer, then look no more. When engaging among our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Kyvalley, the Family Law Act 1975 established 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 accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is generally 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 only available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and indicates more than physical separation where there is no probability of reconciliation.
The application can be opposed in scenarios 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 actually provided the other with some household services. It might be difficult to establish that separation has actually occurred in these situations and appropriately the Court will need 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 citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to live in Kyvalley forever or otherwise have the ability to provide 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 wed 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 need to think about that appropriate plans have actually been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that family, and under the age of 18.
When a Divorce has actually been approved the Divorce becomes reliable one month and one day after the Order has been made.
When a Divorce has taken effect, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period might be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Kyvalley
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 attend, get involved and make a genuine attempt in solving any parenting concerns at a family dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no contract can be reached, even more settlements can be arranged with the help of lawyer, conciliators and counsellors Kyvalley.
If no contract 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 disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should relate to the very best interests of the child as the paramount consideration.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the children have the advantage of both of their parents having a meaningful participation in their lives, to the maximum level consistent with the best interest of the child; and
protecting the kids from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that children get sufficient and appropriate parenting to help them attain their full potential; and
guaranteeing that moms and dads fulfil their responsibilities, and satisfy their responsibilities, concerning the care, welfare and advancement of their kids.
There are other elements that the Court might take into account in any particular situations.
Why Choose Our Family Lawyers Kyvalley VIC
We are passionate about offering a specialized Family Law service Kyvalley that welcomes you, understands you and shows you empathy in challenging times. Discover why you can be guaranteed of our dedication to your legal requirements.