Accredited Family Law & Divorce Specialists In Maribyrnong
We know family law. Our Family Solicitors Maribyrnong have 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 experienced family law and divorce solicitors can represent you in all elements of family law, having particular expertise in divorce, child custody and residential or commercial property division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process 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 Maribyrnong has to offer, then look no more. 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 Maribyrnong, 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 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 files the application, or a joint application where both parties file the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation period is to be a continuous duration and indicates more than physical separation where there is no likelihood 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 actually not been separated for more than 12 months.
An application can still be made while the parties are living under the same roof or if one has provided the other with some family services. It may be hard to establish that separation has actually taken place in these circumstances and appropriately the Court will need proof 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 resident by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to reside in Maribyrnong forever or otherwise have the ability to supply evidence that you lived 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 participate in 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 correct plans have actually 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 granted the Divorce becomes reliable one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period may be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Maribyrnong
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court proceedings the parties are needed to attend, participate and make a genuine attempt in solving any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be set up with the support of lawyer, arbitrators and counsellors Maribyrnong.
If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation 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 beginning of Court procedures.
In parenting matters, a Court needs to relate to the very best interests of the child as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum extent constant with the best interest of the kid; and
protecting the kids from physical and mental harm and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that children receive adequate and proper parenting to assist them accomplish their complete potential; and
ensuring that parents satisfy their responsibilities, and meet their duties, concerning the care, well-being and development of their children.
There are other elements that the Court might take into account in any particular scenarios.
Why Choose Our Family Lawyers Maribyrnong VIC
We are passionate regarding offering a specialty Prenup Maribyrnong service that welcomes you, understands you and also shows you empathy in tough times. Discover why you can be guaranteed of our dedication to your legal requirements.