Accredited Family Law & Divorce Specialists In Lauriston
We understand family law. Our Family Solicitors Lauriston have represented numerous family law customers 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 lawyers can represent you in all aspects of family law, having specific proficiency in divorce, child custody and home division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you obtain the best possible outcome. If you are wanting to engage the services of some of the very best family legal representatives Lauriston has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Lauriston, 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 accusations 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 normally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties submit the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and implies more than physical separation where there is no probability of reconciliation.
The application can be opposed in circumstances 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 residing under the same roof or if one has offered the other with some home services. It may be hard to develop that separation has happened in these situations and appropriately the Court will require evidence in support 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 developed, you or your spouse needs to regard Australia as your home, plan to live in Lauriston indefinitely or otherwise be able to offer proof that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been married for less than 2 years, the Court needs 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 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 dealt with as a member of that family, and under the age of 18.
As soon as a Divorce has been approved the Divorce ends up being effective one month and one day after the Order has actually been made.
When a Divorce has actually worked, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. 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 Lauriston
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 commencement of any Court proceedings the parties are required to go to, get involved and make a real effort in dealing with any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more settlements can be organized with the help of solicitor, arbitrators and counsellors Lauriston.
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 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 should concern the very 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 met by:
guaranteeing that the kids have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the maximum extent constant with the very best interest of the child; and
protecting the children from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids get appropriate and appropriate parenting to assist them achieve their complete potential; and
making sure that parents satisfy their responsibilities, and meet their duties, concerning the care, welfare and development of their children.
There are other elements that the Court might consider in any specific scenarios.
Why Choose Our Family Lawyers Lauriston VIC
We are passionate about giving a specialized Family Law service Lauriston that welcomes you, understands you as well as shows you empathy in difficult times. Learn why you can be guaranteed of our dedication to your legal demands.