Accredited Family Law & Separation Specialists In Altona Meadows
We understand family law. Our Family Solicitors Altona Meadows have represented hundreds of family law clients throughout the years and act for mums, dads, grandmothers, grandfathers, 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 particular knowledge in divorce, child custody and property division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not achievable, 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 best family legal representatives Altona Meadows has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Altona Meadows, 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 accusations of adultery, 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 filed 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 constant period and suggests more than physical separation where there is no possibility 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 actually provided the other with some home services. It might be hard to develop that separation has actually happened 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 partner 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, mean to reside in Altona Meadows forever or otherwise have the ability to offer proof 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 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 need to think about that proper plans have actually been made for 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 home, and under the age of 18.
As soon as a Divorce has been given the Divorce becomes reliable one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration may be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Altona Meadows
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 attend, get involved and make a real effort in solving any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further settlements can be set up with the help of lawyer, arbitrators and counsellors Altona Meadows.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should regard the best interests of the child as the paramount consideration.
Inning accordance with area 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 moms and dads having a significant involvement in their lives, to the optimum level constant with the best interest of the kid; and
securing the children from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that children get appropriate and appropriate parenting to help them accomplish their full potential; and
making sure that moms and dads satisfy their duties, and fulfill their duties, concerning the care, well-being and development of their kids.
There are other aspects that the Court might consider in any specific circumstances.
Why Choose Our Family Lawyers Altona Meadows VIC
We are passionate about giving a specialty Prenup Altona Meadows service that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal needs.