Accredited Family Law & Separation Specialists In Mystic Park
We know family law. Our Family Lawyers Mystic Park have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having specific competence in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you obtain the very best possible result. If you are wanting to engage the services of a few of the best family legal representatives Mystic Park has to offer, then look no more. When engaging one of our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Mystic Park, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept 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 irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is typically submitted 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 file the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation period is to be a constant duration and implies more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations 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 actually supplied the other with some home services. It may be challenging to establish that separation has actually happened in these situations and appropriately the Court will require proof 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 person by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to reside in Mystic Park indefinitely or otherwise be able to offer proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances 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 appropriate plans have actually been made for any child of the marriage, 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 been approved the Divorce ends up being efficient one month and one day after the Order has actually been made.
As soon as a Divorce has actually worked, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period might be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Mystic Park
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 start of any Court proceedings the parties are needed to go to, get involved and make a real effort in dealing with any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be arranged with the assistance of solicitor, arbitrators and counsellors Mystic Park.
If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should regard the best interests of the kid as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the children have the benefit of both of their parents having a significant participation in their lives, to the optimum level consistent with the best interest of the kid; and
protecting the kids from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that kids receive appropriate and proper parenting to assist them attain their complete potential; and
ensuring that moms and dads satisfy their duties, and satisfy their obligations, concerning the care, welfare and advancement of their children.
There are other elements that the Court may take into consideration in any particular scenarios.
Why Choose Our Family Lawyers Mystic Park VIC
We are passionate regarding offering a specialized Prenup Mystic Park service that welcomes you, understands you and shows you empathy in difficult times. Discover why you can be assured of our commitment to your legal requirements.