Accredited Family Law & Separation Specialists In Mundoona
We know family law. Our Family Solicitors Mundoona have represented numerous family law clients throughout the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having particular proficiency in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you get the best possible outcome. If you are looking to engage the services of some of the best family solicitors Mundoona has to offer, then look no more. When engaging one of our experts, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Mundoona, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates 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 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 available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and means more than physical separation where there is no possibility of reconciliation.
The application can be opposed in situations where the Court does not have jurisdiction to handle 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 exact same roof or if one has provided the other with some home services. It may be hard to establish that separation has taken place in these circumstances and accordingly the Court will require 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 person by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, plan to reside in Mundoona indefinitely or otherwise have the ability to provide evidence that you lived in Australian for at least 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 needs 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 have to consider that proper arrangements have been produced any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that home, and under the age of 18.
When a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has been made.
As soon as a Divorce has actually taken effect, there is just a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this period might be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Mundoona
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the beginning of any Court procedures the parties are needed to attend, participate and make an authentic effort in resolving any parenting concerns at a family dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, further negotiations can be set up with the support of solicitor, arbitrators and counsellors Mundoona.
If no contract can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to regard the very best interests of the child as the critical factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum level consistent with the best interest of the child; and
safeguarding the kids from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that kids receive sufficient and appropriate parenting to help them achieve their complete potential; and
guaranteeing that parents satisfy their tasks, and meet their duties, concerning the care, well-being and advancement of their kids.
There are other aspects that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Mundoona VIC
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