Accredited Family Law & Divorce Specialists In Newington
We know family law. Our Family Solicitors Newington have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives 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 rapidly 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 result. If you are seeking to engage the services of some of the very best family lawyers Newington has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Newington, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means 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 marital relationship has actually 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 marriage 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 period is to be a continuous duration and suggests more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations 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 living under the very same roof or if one has provided the other with some household services. It may be challenging to develop that separation has actually taken place in these situations and accordingly the Court will need proof in assistance 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 person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to reside in Newington forever or otherwise have the ability to provide evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances 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 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 home, and under the age of 18.
Once a Divorce has been granted the Divorce becomes effective one month and one day after the Order has been made.
Once a Divorce has worked, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration may be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Newington
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 start of any Court procedures the parties are required to go to, take part and make a genuine effort 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 arrangement is reached the regards to 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 Newington.
If no contract 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 attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should relate to the very best interests of the kid as the paramount consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the children have the benefit of both of their parents having a significant involvement in their lives, to the optimum degree consistent with the very best interest of the kid; and
safeguarding the kids from physical and mental damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
making sure that kids receive appropriate and appropriate parenting to help them attain their full potential; and
guaranteeing that parents satisfy their responsibilities, and fulfill their duties, concerning the care, well-being and advancement of their kids.
There are other aspects that the Court might take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Newington VIC
We are passionate regarding giving a specialty Family Law service Newington that welcomes you, understands you and shows you empathy in hard times. Find out why you can be assured of our commitment to your legal demands.