Accredited Family Law & Separation Specialists In Narre Warren
We understand family law. Our Family Solicitors Narre Warren have represented numerous family law customers throughout the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having specific competence in divorce, child custody and home division.
We are devoted to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you get the best possible result. If you are planning to engage the services of some of the very best family solicitors Narre Warren has to offer, then look no further. When engaging one of our experts, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Narre Warren, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has actually 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 files the application, or a joint application where both parties submit the application together.
An application for Divorce is just offered 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 probability of reconciliation.
The application can be opposed in circumstances 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 same roof or if one has actually offered the other with some household services. It might be challenging to establish that separation has occurred in these situations and appropriately the Court will need proof in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to reside in Narre Warren indefinitely or otherwise have the ability to supply evidence 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 married for less than 2 years, the Court requires 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 need 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 treated as a member of that household, and under the age of 18.
As soon as a Divorce has been granted the Divorce ends up being reliable one month and one day after the Order has actually been made.
When a Divorce has actually taken effect, 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 approved in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Narre Warren
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or 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 a genuine attempt in fixing any parenting issues at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, further negotiations can be set up with the help of lawyer, mediators and counsellors Narre Warren.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must regard the very best interests of the child as the critical consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum level consistent with the best interest of the kid; and
protecting the children from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that children get adequate and proper parenting to help them attain their full potential; and
guaranteeing that parents fulfil their duties, and meet their duties, concerning the care, welfare and development of their children.
There are other elements that the Court may consider in any specific scenarios.
Why Choose Our Family Lawyers Narre Warren VIC
We are passionate regarding offering a specialty Family Law service Narre Warren that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be assured of our dedication to your legal needs.