Accredited Family Law & Divorce Specialists In Merricks North
We understand family law. Our Family Lawyers Merricks North have represented numerous family law clients for many years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having particular expertise in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you acquire the best possible outcome. If you are planning to engage the services of some of the very best family lawyers Merricks North has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Merricks North, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies 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 generally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation duration is to be a constant period and implies 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 not been separated for more than 12 months.
An application can still be made while the parties are residing under the very same roof or if one has offered the other with some household services. It might be tough to develop that separation has happened in these circumstances and appropriately the Court will need evidence in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, mean to reside in Merricks North indefinitely or otherwise have the ability to offer evidence that you lived in Australian for a minimum of 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 requires 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 need to consider that appropriate arrangements have actually been made for 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 home, and under the age of 18.
As soon as a Divorce has actually been granted the Divorce ends up being reliable 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 where to submit an application for property/financial and spousal upkeep. An extension to this duration may be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Merricks North
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 child’s life.
Prior to the beginning of any Court proceedings the parties are needed to attend, participate and make a genuine attempt in resolving any parenting problems at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no contract can be reached, even more negotiations can be arranged with the help of lawyer, conciliators and counsellors Merricks North.
If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must relate to the very best interests of the kid as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the children have the advantage of both of their parents having a meaningful participation in their lives, to the optimum level constant with the very best interest of the child; and
securing the children from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that kids receive appropriate and proper parenting to assist them attain their full potential; and
making sure that parents satisfy their responsibilities, and fulfill their duties, concerning the care, welfare and advancement of their children.
There are other factors that the Court might consider in any particular scenarios.
Why Choose Our Family Lawyers Merricks North VIC
We are passionate about offering a specialized Prenup Merricks North service that welcomes you, understands you and shows you empathy in tough times. Find out why you can be guaranteed of our commitment to your legal requirements.