Accredited Family Law & Separation Specialists In Mount Evelyn
We understand family law. Our Family Solicitors Mount Evelyn have represented hundreds of family law clients over the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific proficiency in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you obtain the very best possible outcome. If you are seeking to engage the services of some of the best family legal representatives Mount Evelyn has to offer, then look no more. When engaging among our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Mount Evelyn, the Family Law Act 1975 established 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 accusations 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 typically 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 duration is to be a constant period 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 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 same roof or if one has supplied the other with some household services. It might be hard to develop that separation has taken place in these situations and accordingly the Court will require proof 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 has to regard Australia as your home, plan to live in Mount Evelyn 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 been wed 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 think about that appropriate arrangements have been made for any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that home, and under the age of 18.
As soon as a Divorce has actually been given the Divorce ends up being efficient one month and one day after the Order has been made.
When a Divorce has actually worked, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration might be approved in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Mount Evelyn
Applications for Parenting Orders can be brought by either or both of the parents, 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 go to, get involved and make a genuine effort in fixing any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, further negotiations can be arranged with the support of lawyer, mediators and counsellors Mount Evelyn.
If no arrangement 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 actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must concern the very best interests of the child as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the maximum level constant with the very best interest of the child; and
securing the kids from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
making sure that kids get adequate and correct parenting to assist them accomplish their full potential; and
guaranteeing that parents satisfy their responsibilities, and satisfy their obligations, concerning the care, well-being and development of their children.
There are other factors that the Court may consider in any particular circumstances.
Why Choose Our Family Lawyers Mount Evelyn VIC
We are passionate regarding giving a specialty Prenup Mount Evelyn service that welcomes you, understands you and shows you empathy in hard times. Figure out why you can be assured of our dedication to your legal demands.