Accredited Family Law & Separation Specialists In Lamplough
We know family law. Our Family Solicitors Lamplough have actually represented hundreds of family law clients for many years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having specific proficiency in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you get the very best possible result. If you are planning to engage the services of some of the very best family legal representatives Lamplough has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Lamplough, 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 allegations of adultery, violence or abandonment are unimportant. 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 file the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and indicates more than physical separation where there is no possibility of reconciliation.
The application can be opposed in scenarios 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 residing under the same roof or if one has actually offered the other with some household services. It might be challenging to establish that separation has happened in these situations and appropriately the Court will require proof in assistance of the application.
In addition to the requirements of a period 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 developed, you or your partner has to regard Australia as your home, intend to reside in Lamplough indefinitely or otherwise be able to offer proof that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances 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 have to think about that appropriate arrangements have 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 treated as a member of that family, and under the age of 18.
Once a Divorce has been given the Divorce ends up being effective one month and one day after the Order has actually been made.
As soon as 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 duration might be granted in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Lamplough
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the commencement of any Court procedures the parties are needed to attend, participate and make a genuine effort in fixing any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no contract can be reached, further negotiations can be set up with the support of lawyer, mediators and counsellors Lamplough.
If no contract can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should relate to the best interests of the child as the vital consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum level constant with the best interest of the child; and
protecting the kids from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive sufficient and correct parenting to help them achieve their complete potential; and
making sure that parents fulfil their duties, and satisfy 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 scenarios.
Why Choose Our Family Lawyers Lamplough VIC
We are passionate about providing a specialty Family Law service Lamplough that welcomes you, understands you as well as shows you empathy in difficult times. Discover why you can be assured of our commitment to your legal demands.