Accredited Family Law & Divorce Specialists In Alberton West
We know family law. Our Family Lawyers Alberton West have represented numerous family law clients throughout the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having particular proficiency in divorce, child custody and residential or commercial property division.
We are devoted to assisting 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 best possible result. If you are wanting to engage the services of some of the very best family legal representatives Alberton West has to offer, then look no more. When engaging among our professionals, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Alberton West, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has 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 file the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and means more than physical separation where there is no probability of reconciliation.
The application can be opposed in situations where the Court does not have jurisdiction to handle 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 very same roof or if one has actually provided the other with some home services. It may be hard to develop that separation has taken place in these circumstances and accordingly the Court will require evidence in assistance of the application.
In addition to the requirements of a period 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 needs to regard Australia as your home, mean to live in Alberton West forever or otherwise be able to offer proof that you lived in Australian for at least 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 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 consider that appropriate arrangements have been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that household, and under the age of 18.
When a Divorce has been approved the Divorce becomes reliable one month and one day after the Order has actually been made.
When a Divorce has worked, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration may be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Alberton West
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the start of any Court proceedings the parties are required to go to, get involved and make a genuine effort in resolving any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no agreement can be reached, further negotiations can be organized with the support of lawyer, conciliators and counsellors Alberton West.
If no arrangement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to relate to the 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:
making sure that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the optimum level constant with the very best interest of the kid; and
securing the kids from physical and mental harm and from going through, or exposed to, abuse, neglect or family violence; and
making sure that children receive appropriate and proper parenting to assist them achieve their full potential; and
making sure that parents satisfy their responsibilities, and meet their obligations, concerning the care, welfare and advancement of their kids.
There are other factors that the Court may take into account in any particular situations.
Why Choose Our Family Lawyers Alberton West VIC
We are passionate about providing a specialized Prenup Alberton West service that welcomes you, understands you and shows you empathy in tough times. Discover why you can be assured of our commitment to your legal requirements.