Accredited Family Law & Separation Specialists Near Yarra Glen 3775
We understand family law. Our Family Lawyers Yarra Glen have represented numerous family law customers for many years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors 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 assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible outcome. If you are looking to engage the services of a few of the best family legal representatives Yarra Glen has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best on your side.
What Is The Process For Divorce In VIC
A Divorce is the legal dissolution of a marriage.
In Yarra Glen, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests 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 marriage has broken down irretrievably.
Any application for Divorce is generally submitted 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 readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and means more than physical separation where there is no likelihood 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 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 provided the other with some family services. It may be difficult to establish that separation has happened in these circumstances and accordingly the Court will need evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, mean to reside in Yarra Glen indefinitely or otherwise have the ability to provide proof that you lived in Australian for a minimum of 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 consider that appropriate arrangements have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that household, and under the age of 18.
Once a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has been made.
Once a Divorce has actually worked, there is only a 12 month duration where to submit 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 Order Requirements In Yarra Glen VIC
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the commencement of any Court procedures the parties are required to participate in, get involved and make an authentic attempt in resolving any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be set up with the assistance of lawyer, mediators and counsellors Yarra Glen.
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 need verification that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to regard the very best interests of the kid as the vital consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the kids have the advantage of both of their parents having a significant involvement in their lives, to the optimum level constant with the very best interest of the kid; and
safeguarding the kids from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids receive adequate and appropriate parenting to help them accomplish their full potential; and
guaranteeing that moms and dads satisfy their tasks, and satisfy their obligations, concerning the care, well-being and advancement of their kids.
There are other elements that the Court might consider in any specific situations.
Why Choose Our Family Lawyers Near Yarra Glen VIC
We are passionate about providing a specialty Family Law service Yarra Glen that welcomes you, understands you as well as shows you empathy in tough times. Discover why you can be assured of our commitment to your legal demands.