Accredited Family Law & Divorce Specialists Near Tetoora Road 3821
We know family law. Our Family Lawyers Tetoora Road have represented numerous family law customers over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular proficiency in divorce, child custody and home division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible outcome. If you are planning to engage the services of a few of the best family lawyers Tetoora Road has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the very best in your corner.
What Is The Process For Divorce In VIC
A Divorce is the legal dissolution of a marital relationship.
In Tetoora Road, 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 infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is usually 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 file the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation period is to be a constant duration and means 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 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 offered the other with some family services. It may be hard to develop that separation has occurred in these circumstances and appropriately the Court will need proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse 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 Tetoora Road indefinitely or otherwise be able to provide proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually 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 have 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 dealt with as a member of that family, and under the age of 18.
Once a Divorce has actually been given the Divorce ends up being effective one month and one day after the Order has actually been made.
Once a Divorce has actually worked, there is just a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this period might be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Order Requirements In Tetoora Road VIC
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the start of any Court procedures the parties are needed to go to, participate and make a genuine effort in solving any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no agreement can be reached, further negotiations can be set up with the help of solicitor, conciliators and counsellors Tetoora Road.
If no arrangement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must concern the best interests of the child as the paramount consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the children have the benefit of both of their parents having a significant involvement in their lives, to the maximum extent constant with the best interest of the kid; and
protecting the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that kids get appropriate and proper parenting to help them accomplish their full potential; and
ensuring that parents fulfil their responsibilities, and fulfill their duties, concerning the care, welfare and development of their children.
There are other factors that the Court may consider in any specific circumstances.
Why Choose Our Family Lawyers Near Tetoora Road VIC
We are passionate about giving a specialty Family Law service Tetoora Road that welcomes you, understands you and shows you empathy in difficult times. Figure out why you can be assured of our dedication to your legal needs.