Accredited Family Law & Separation Specialists Near Valencia Creek 3860
We know family law. Our Family Solicitors Valencia Creek have represented hundreds of family law customers throughout 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 particular knowledge in divorce, child custody and home 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 procedure so that you obtain the very best possible outcome. If you are seeking to engage the services of some of the best family legal representatives Valencia Creek has to offer, then look no more. When engaging among our experts, you can rest assured you have the best on your side.
What Is The Process For Divorce In VIC
A Divorce is the legal dissolution of a marital relationship.
In Valencia Creek, the Family Law Act 1975 developed 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 desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually 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 file the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and implies 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 living under the exact same roof or if one has supplied the other with some household services. It may be challenging to establish that separation has happened in these scenarios and accordingly 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 spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to reside in Valencia Creek indefinitely or otherwise be able to offer evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been wed for less than 2 years, the Court needs the parties to attend 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 correct plans 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 treated as a member of that family, and under the age of 18.
When a Divorce has been given the Divorce becomes effective one month and one day after the Order has been made.
When a Divorce has actually taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration might be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Order Requirements In Valencia Creek VIC
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 required to participate in, participate and make an authentic effort in dealing with any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no arrangement can be reached, further negotiations can be organized with the help of lawyer, conciliators and counsellors Valencia Creek.
If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to relate to the best interests of the kid as the vital consideration.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the kids have the advantage of both of their moms and dads having a meaningful participation in their lives, to the maximum extent consistent with the very best interest of the child; and
safeguarding the children from physical and mental damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that kids receive sufficient and appropriate parenting to assist them accomplish their full potential; and
ensuring that parents satisfy their responsibilities, and fulfill their responsibilities, concerning the care, welfare and development of their children.
There are other elements that the Court might consider in any particular circumstances.
Why Choose Our Family Lawyers Near Valencia Creek VIC
We are passionate regarding offering a specialty Family Law service Valencia Creek that welcomes you, understands you and also shows you empathy in tough times. Figure out why you can be assured of our dedication to your legal demands.