Accredited Family Law & Divorce Specialists In Nunawading
We know family law. Our Family Lawyers Nunawading have actually represented numerous family law customers throughout the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having particular competence in divorce, child custody and home division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you get the best possible outcome. If you are planning to engage the services of some of the very best family legal representatives Nunawading has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Nunawading, 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 infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage 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 marital relationship submits the application, or a joint application where both parties file the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and suggests 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 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 exact same roof or if one has actually supplied the other with some household services. It may be hard to establish that separation has happened in these scenarios and appropriately 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to live in Nunawading forever or otherwise be able to offer proof 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 wed for less than 2 years, the Court needs the parties to attend 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 been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that family, and under the age of 18.
As soon as a Divorce has actually been approved the Divorce becomes reliable one month and one day after the Order has been made.
As soon as a Divorce has worked, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period might be granted in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Nunawading
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 beginning of any Court procedures the parties are required to participate in, participate and make a real effort in resolving any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more settlements can be organized with the support of lawyer, conciliators and counsellors Nunawading.
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 confirmation that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court must concern the best interests of the kid as the paramount consideration.
According to area 60B of the Family Law Act 1975, the 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 optimum extent constant with the very best interest of the child; and
protecting the kids from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive appropriate and correct parenting to help them attain their full potential; and
guaranteeing that parents satisfy their responsibilities, and meet their duties, concerning the care, welfare and development of their children.
There are other aspects that the Court might take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Nunawading VIC
We are passionate regarding providing a specialized Prenup Nunawading service that welcomes you, understands you and also shows you empathy in tough times. Discover why you can be guaranteed of our commitment to your legal requirements.