Accredited Family Law & Divorce Specialists In Merrimu
We know family law. Our Family Lawyers Merrimu have represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandpas, 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 competence in divorce, child custody and property division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you acquire the very best possible result. If you are wanting to engage the services of a few of the best family solicitors Merrimu has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Merrimu, 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 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 marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation period is to be a constant duration and indicates 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 same roof or if one has offered the other with some household services. It might be challenging to establish 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 period of 12 months of separation, either you or your partner will need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to live in Merrimu forever or otherwise have the ability to supply proof 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 married for less than 2 years, the Court requires 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 need to consider that correct arrangements have actually 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 family, and under the age of 18.
Once a Divorce has actually been granted the Divorce ends up being efficient one month and one day after the Order has actually been made.
Once 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 may be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Merrimu
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 commencement of any Court procedures the parties are required to participate in, take part and make a genuine attempt in resolving 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 contract can be formalised through an Application for Consent Orders. If no agreement can be reached, further negotiations can be arranged with the assistance of lawyer, conciliators and counsellors Merrimu.
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 require confirmation that the parties have attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must concern the very best interests of the child as the paramount consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
making sure that the kids have the advantage of both of their moms and dads having a meaningful participation in their lives, to the maximum degree consistent with the best interest of the kid; and
securing the kids from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and
guaranteeing that children get sufficient and appropriate parenting to help them achieve their complete potential; and
making sure that moms and dads satisfy their duties, and meet their responsibilities, concerning the care, welfare and development of their children.
There are other elements that the Court might consider in any particular scenarios.
Why Choose Our Family Lawyers Merrimu VIC
We are passionate regarding giving a specialty Prenup Merrimu service that welcomes you, understands you and shows you empathy in challenging times. Figure out why you can be assured of our commitment to your legal demands.