Accredited Family Law & Divorce Specialists In Main Lead
We know family law. Our Family Solicitors Main Lead have represented numerous family law clients for many years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having particular know-how in divorce, child custody and home division.
We are devoted 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 outcome. If you are planning to engage the services of a few of the very best family legal representatives Main Lead has to offer, then look no more. When engaging one of 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 Main Lead, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has 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 files 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 duration is to be a continuous duration and suggests more than physical separation where there is no possibility 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 exact same roof or if one has actually supplied the other with some home services. It might be tough to develop that separation has taken place in these circumstances and appropriately the Court will require proof 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 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 Main Lead indefinitely or otherwise be able to supply evidence that you resided 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 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 think about that proper arrangements have 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 dealt with 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 been made.
As soon as a Divorce has actually taken effect, there is just a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period might be granted in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Main Lead
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, participate and make an authentic attempt in fixing any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no agreement can be reached, even more negotiations can be set up with the help of lawyer, arbitrators and counsellors Main Lead.
If no agreement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must relate to the very best interests of the kid as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum extent consistent with the best interest of the child; and
securing the children from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids receive appropriate and appropriate parenting to assist them accomplish their complete potential; and
guaranteeing that parents satisfy their tasks, and meet their responsibilities, concerning the care, well-being and development of their children.
There are other elements that the Court might consider in any specific circumstances.
Why Choose Our Family Lawyers Main Lead VIC
We are passionate regarding providing a specialized Prenup Main Lead service that welcomes you, understands you and shows you empathy in difficult times. Figure out why you can be guaranteed of our commitment to your legal requirements.