Accredited Family Law & Separation Specialists In La Trobe University
We know family law. Our Family Lawyers La Trobe University have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having particular knowledge in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you get the best possible outcome. If you are looking to engage the services of a few of the very best family lawyers La Trobe University has to offer, then look no more. When engaging among our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In La Trobe University, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally 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 file the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation period is to be a constant period and suggests more than physical separation where there is no likelihood 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 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 actually provided the other with some household services. It may be challenging to develop that separation has occurred in these situations and appropriately the Court will need proof in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, plan to reside in La Trobe University indefinitely or otherwise have the ability 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 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 consider that proper plans have been produced 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 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 actually been made.
When a Divorce has worked, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration may be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders La Trobe University
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the beginning of any Court proceedings the parties are needed to participate in, get involved and make an authentic attempt in dealing with any parenting concerns at a family dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be set up with the assistance of solicitor, arbitrators and counsellors La Trobe University.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have actually tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must concern the best interests of the kid as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met 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 kid; and
safeguarding the children from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that children get sufficient and correct parenting to assist them attain their complete potential; and
making sure that moms and dads fulfil their duties, and fulfill their obligations, concerning the care, welfare and development of their children.
There are other elements that the Court might take into consideration in any specific scenarios.
Why Choose Our Family Lawyers La Trobe University VIC
We are passionate regarding giving a specialized Family Law service La Trobe University that welcomes you, understands you as well as shows you empathy in tough times. Learn why you can be guaranteed of our dedication to your legal demands.