Accredited Family Law & Divorce Specialists In Maryvale
We know family law. Our Family Lawyers Maryvale have represented numerous family law customers for many years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced 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 committed to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you get the very best possible result. If you are looking to engage the services of some of the very best family lawyers Maryvale 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 marriage.
In Maryvale, 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 allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage 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 marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation period 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 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 residing under the same roof or if one has actually supplied the other with some household services. It might be difficult to establish that separation has actually happened in these circumstances and accordingly the Court will need proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to live in Maryvale 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 married 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 consider 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 treated as a member of that family, and under the age of 18.
Once a Divorce has been given the Divorce becomes efficient one month and one day after the Order has actually been made.
When a Divorce has worked, there is only a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this duration might be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Maryvale
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 beginning of any Court procedures the parties are needed to attend, participate and make a real effort in resolving any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more settlements can be organized with the support of solicitor, arbitrators and counsellors Maryvale.
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 attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should regard the very best interests of the kid as the critical factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the maximum extent consistent with the very best interest of the child; and
securing the children from physical and mental damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that children receive adequate and proper parenting to help them attain their full potential; and
making sure that parents fulfil their responsibilities, and fulfill their duties, concerning the care, welfare and development of their kids.
There are other factors that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Maryvale VIC
We are passionate about giving a specialized Prenup Maryvale service that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be assured of our dedication to your legal demands.