Accredited Family Law & Divorce Specialists In Niddrie
We understand family law. Our Family Solicitors Niddrie have represented numerous family law customers over the years and act for mums, dads, grandmothers, grandfathers, 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 knowledge in divorce, child custody and home division.
We are dedicated to assisting 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 best possible result. If you are looking to engage the services of a few of the best family solicitors Niddrie has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Niddrie, the Family Law Act 1975 developed 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 abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is usually 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 submit the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation period is to be a constant period and indicates 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 actually not been separated for more than 12 months.
An application can still be made while the parties are residing under the very same roof or if one has supplied the other with some family services. It might be challenging to establish that separation has happened in these scenarios and accordingly the Court will need evidence in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to reside in Niddrie indefinitely or otherwise be able to provide evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually 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 have 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 actually or was adopted or who is dealt with as a member of that family, and under the age of 18.
When a Divorce has actually been approved the Divorce becomes reliable one month and one day after the Order has been made.
Once a Divorce has actually taken effect, 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 granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Niddrie
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the commencement of any Court procedures the parties are required to participate in, take part and make a real effort in resolving any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released 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 organized with the support of solicitor, conciliators and counsellors Niddrie.
If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should concern the very 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 met by:
making sure that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum degree constant with the very best interest of the child; and
safeguarding the kids from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and
ensuring that children receive appropriate and proper parenting to help them achieve their complete potential; and
making sure that moms and dads fulfil their responsibilities, and fulfill their obligations, concerning the care, well-being and development of their children.
There are other aspects that the Court may take into consideration in any specific circumstances.
Why Choose Our Family Lawyers Niddrie VIC
We are passionate regarding giving a specialized Prenup Niddrie service that welcomes you, understands you as well as shows you empathy in difficult times. Find out why you can be assured of our dedication to your legal needs.