Accredited Family Law & Separation Specialists In Belgrave Heights
We know family law. Our Family Lawyers Belgrave Heights have represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having specific know-how in divorce, child custody and home 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 expertly throughout the Court process so that you get the best possible result. If you are aiming to engage the services of some of the best family lawyers Belgrave Heights has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Belgrave Heights, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is usually submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties submit the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and implies 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 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 actually supplied the other with some family services. It may be hard to establish that separation has actually occurred in these circumstances and accordingly the Court will require evidence in support 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, plan to live in Belgrave Heights indefinitely or otherwise be able to provide evidence that you resided in Australian for a minimum of 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 requires the parties to attend 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 consider that appropriate plans have 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 granted the Divorce ends up being effective one month and one day after the Order has been made.
When 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 approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Belgrave Heights
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 proceedings the parties are needed to go to, get involved and make a real effort in dealing with any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be organized with the support of solicitor, arbitrators and counsellors Belgrave Heights.
If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to relate to the best interests of the kid as the paramount consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the kids have the benefit of both of their parents having a significant participation in their lives, to the optimum degree consistent with the very best interest of the kid; and
protecting the kids from physical and psychological harm and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that children get adequate and correct parenting to assist them accomplish their full potential; and
making sure that moms and dads fulfil their tasks, and satisfy their obligations, concerning the care, welfare and development of their kids.
There are other elements that the Court may take into consideration in any specific circumstances.
Why Choose Our Family Lawyers Belgrave Heights VIC
We are passionate about providing a specialty Prenup Belgrave Heights service that welcomes you, understands you and also shows you empathy in hard times. Find out why you can be guaranteed of our dedication to your legal demands.