Accredited Family Law & Divorce Specialists In Attwood
We understand family law. Our Family Solicitors Attwood have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having specific knowledge 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 process so that you acquire the very best possible result. If you are aiming to engage the services of some of the very best family solicitors Attwood has to offer, then look no more. When engaging among our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Attwood, 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 allegations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has 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 offered after a 12 month period of separation. This 12 month separation period is to be a continuous duration and means 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 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 residing under the same roof or if one has actually offered the other with some home services. It might be challenging to develop that separation has occurred in these circumstances and appropriately the Court will require evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to reside in Attwood forever or otherwise be able to provide proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has 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 arrangements have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, and under the age of 18.
Once a Divorce has actually been given the Divorce becomes efficient one month and one day after the Order has 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 granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Attwood
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are needed to attend, participate and make a genuine effort in fixing any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, even more negotiations can be organized with the support of lawyer, mediators and counsellors Attwood.
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 require verification that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to relate to the best interests of the kid as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the advantage of both of their parents having a significant involvement in their lives, to the maximum level consistent with the best interest of the child; and
safeguarding the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
guaranteeing that children receive sufficient and correct parenting to assist them attain their complete potential; and
making sure that moms and dads satisfy their responsibilities, and satisfy 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 Attwood VIC
We are passionate about offering a specialized Prenup Attwood service that welcomes you, understands you and also shows you empathy in difficult times. Discover why you can be guaranteed of our dedication to your legal needs.