Accredited Family Law & Divorce Specialists In Montrose
We understand family law. Our Family Solicitors Montrose have actually represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandfathers, married 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 particular proficiency in divorce, child custody and property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you obtain the very best possible result. If you are looking to engage the services of some of the very best family lawyers Montrose has to offer, then look no further. When engaging among our experts, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Montrose, the Family Law Act 1975 developed 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 allegations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has actually 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 marital relationship submits the application, or a joint application where both parties file the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and means more than physical separation where there is no possibility of reconciliation.
The application can be opposed in scenarios 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 exact same roof or if one has supplied the other with some family services. It might be difficult to develop that separation has taken place in these circumstances and accordingly the Court will need evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to reside in Montrose indefinitely or otherwise have the ability to offer 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 been married for less than 2 years, the Court needs the parties to attend 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 proper arrangements 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 home, and under the age of 18.
As soon as a Divorce has been approved the Divorce ends up being effective one month and one day after the Order has been made.
As soon as a Divorce has worked, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period might be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Montrose
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 commencement of any Court procedures the parties are needed to go to, participate and make an authentic effort in resolving any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, even more negotiations can be arranged with the help of solicitor, conciliators and counsellors Montrose.
If no contract can be reached outside of 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 dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should relate to the very best interests of the kid as the vital consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum degree consistent with the best interest of the kid; and
protecting the kids from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and
guaranteeing that children receive adequate and correct parenting to help them attain their complete potential; and
guaranteeing that parents satisfy their duties, and fulfill their duties, concerning the care, well-being and advancement of their kids.
There are other aspects that the Court might consider in any specific circumstances.
Why Choose Our Family Lawyers Montrose VIC
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