Accredited Family Law & Separation Specialists In Point Leo
We know family law. Our Child Custody Lawyers Point Leo have represented numerous family law customers over the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having particular expertise in divorce, child custody and residential or commercial property division.
We are committed 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 process so that you acquire the very best possible result. If you are seeking to engage the services of some of the best family lawyers Point Leo has to offer, then look no further. When engaging among our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Point Leo, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has 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 marital relationship 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 period is to be a continuous period and implies more than physical separation where there is no possibility 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 actually not been separated for more than 12 months.
An application can still be made while the parties are living under the same roof or if one has supplied the other with some household services. It may be hard to establish that separation has occurred in these scenarios 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 have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to live in Point Leo forever or otherwise be able to offer proof that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been wed for less than 2 years, the Court requires 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 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 home, and under the age of 18.
When a Divorce has actually been approved 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 only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration might be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Point Leo
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the commencement of any Court procedures the parties are needed to attend, take part and make an authentic effort in solving any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be arranged with the support of lawyer, conciliators and counsellors Point Leo.
If no arrangement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should concern the very best interests of the child as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
making sure that the kids have the benefit of both of their moms and dads having a meaningful participation in their lives, to the maximum extent constant with the very best interest of the kid; and
safeguarding the children from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
making sure that children get sufficient and proper parenting to help them accomplish their complete potential; and
guaranteeing that parents satisfy their duties, and satisfy their obligations, concerning the care, welfare and advancement of their children.
There are other aspects that the Court might consider in any particular scenarios.
Why Choose Our Child Custody Lawyers Point Leo VIC
We are passionate regarding providing a specialty Family Law service Point Leo that welcomes you, understands you as well as shows you empathy in hard times. Figure out why you can be guaranteed of our commitment to your legal needs.