Accredited Family Law & Divorce Specialists In North Melbourne
We know family law. Our Family Solicitors North Melbourne have represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having specific knowledge in divorce, child custody and property division.
We are dedicated 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 obtain the best possible outcome. If you are looking to engage the services of some of the very best family lawyers North Melbourne has to offer, then look no further. When engaging among our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In North Melbourne, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle 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 unimportant. 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 marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation period is to be a continuous period and suggests 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 not been separated for more than 12 months.
An application can still be made while the parties are residing under the very same roof or if one has provided the other with some household services. It may be hard to establish that separation has actually happened in these circumstances and accordingly the Court will require proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to reside in North Melbourne forever or otherwise have the ability to supply evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has actually been wed for less than 2 years, the Court requires the parties to go to 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 think about that appropriate plans have 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 dealt with as a member of that home, and under the age of 18.
As soon as a Divorce has actually been given the Divorce ends up being efficient one month and one day after the Order has been made.
Once a Divorce has worked, there is only a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this duration may be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders North Melbourne
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are needed to attend, take part and make an authentic effort in dealing with any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no contract can be reached, even more settlements can be arranged with the assistance of solicitor, arbitrators and counsellors North Melbourne.
If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court must regard the very best interests of the child as the critical factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the children have the advantage of both of their parents having a meaningful participation in their lives, to the maximum degree consistent with the best interest of the child; and
safeguarding the children from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that children get appropriate and correct parenting to assist them attain their complete potential; and
ensuring that parents satisfy their tasks, and meet their duties, concerning the care, welfare and development of their children.
There are other factors that the Court may take into account in any particular situations.
Why Choose Our Family Lawyers North Melbourne VIC
We are passionate about offering a specialty Family Law service North Melbourne that welcomes you, understands you and also shows you empathy in hard times. Learn why you can be guaranteed of our commitment to your legal needs.