Accredited Family Law & Separation Specialists In Laen
We know family law. Our Family Lawyers Laen have represented hundreds of family law clients over the years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having specific knowledge in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly 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 best family legal representatives Laen has to offer, then look no further. When engaging among our experts, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Laen, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations 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 typically filed 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 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 possibility 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 actually not been separated for more than 12 months.
An application can still be made while the parties are residing under the exact same roof or if one has supplied the other with some family services. It might be challenging to establish that separation has actually happened in these situations and appropriately the Court will need 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 have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to live in Laen indefinitely or otherwise have the ability to provide evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been married for less than 2 years, the Court needs 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 think about that proper arrangements have actually 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 household, and under the age of 18.
As soon as a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has actually been made.
When a Divorce has actually taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Laen
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 kid’s life.
Prior to the start of any Court proceedings the parties are required to participate in, participate and make a real effort in solving any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more settlements can be organized with the support of solicitor, mediators and counsellors Laen.
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 attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must regard the very best interests of the child as the critical consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the maximum degree consistent with the very best interest of the kid; and
securing the kids from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that kids receive appropriate and proper parenting to assist them achieve their complete potential; and
ensuring that parents fulfil their duties, and meet their obligations, concerning the care, well-being and advancement of their kids.
There are other factors that the Court may take into consideration in any specific circumstances.
Why Choose Our Family Lawyers Laen VIC
We are passionate regarding providing a specialty Family Law service Laen that welcomes you, understands you and shows you empathy in hard times. Discover why you can be guaranteed of our commitment to your legal requirements.