Accredited Family Law & Separation Specialists In Morton Plains
We understand family law. Our Family Solicitors Morton Plains have actually represented hundreds of family law clients throughout the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having specific proficiency in divorce, child custody and property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you acquire the very best possible outcome. If you are aiming to engage the services of some of the best family solicitors Morton Plains has to offer, then look no more. When engaging one of our experts, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Morton Plains, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is generally 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 only readily available after a 12 month period 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 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 actually offered the other with some home services. It might be difficult to establish that separation has taken place in these circumstances and appropriately 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 partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to live in Morton Plains indefinitely or otherwise be able 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 wed 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 need to consider that proper plans 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 home, and under the age of 18.
Once a Divorce has actually been granted the Divorce ends up being effective one month and one day after the Order has actually been made.
As soon as a Divorce has 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 might be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Morton Plains
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court procedures the parties are required to attend, take part and make a real effort in dealing with any parenting problems at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be organized with the assistance of solicitor, conciliators and counsellors Morton Plains.
If no agreement can be reached beyond the court system, an individual might 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 obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should relate to the very best interests of the child as the critical consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the children have the benefit of both of their parents having a meaningful participation in their lives, to the optimum degree consistent with the very best interest of the kid; and
safeguarding the children from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get appropriate and proper parenting to help them achieve their complete potential; and
guaranteeing that moms and dads fulfil their responsibilities, and fulfill their obligations, concerning the care, welfare and advancement of their kids.
There are other factors that the Court may take into account in any specific scenarios.
Why Choose Our Family Lawyers Morton Plains VIC
We are passionate about providing a specialty Prenup Morton Plains service that welcomes you, understands you and also shows you empathy in challenging times. Find out why you can be assured of our dedication to your legal needs.