Accredited Family Law & Separation Specialists In Portland North
We know family law. Our Child Custody Solicitors Portland North have actually represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having particular proficiency in divorce, child custody and home division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you get the best possible result. If you are wanting to engage the services of some of the very best family legal representatives Portland North has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Portland North, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is normally 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 duration and implies more than physical separation where there is no probability 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 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 offered the other with some family services. It may be difficult to develop that separation has actually occurred in these scenarios 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 partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to live in Portland North indefinitely or otherwise be able to supply evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been married 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 arrangements have actually been made for any child of the marital relationship, 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 actually been given the Divorce becomes effective one month and one day after the Order has actually been made.
When a Divorce has taken effect, there is only a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this duration may be granted in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Portland North
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 beginning of any Court procedures the parties are required to attend, take part and make a real attempt in solving any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Permission Orders. If no agreement can be reached, further negotiations can be arranged with the help of solicitor, arbitrators and counsellors Portland North.
If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually attempted a dispute 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 needs to regard the best interests of the kid as the vital consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the kids have the advantage of both of their parents having a meaningful participation in their lives, to the maximum extent consistent with the best interest of the kid; and
protecting the children from physical and psychological harm and from going through, or exposed to, abuse, overlook or family violence; and
making sure that children receive adequate and proper parenting to assist them attain their complete potential; and
making sure that parents fulfil their duties, and meet their duties, concerning the care, well-being and advancement of their children.
There are other elements that the Court might take into account in any particular situations.
Why Choose Our Child Custody Lawyers Portland North VIC
We are passionate regarding offering a specialty Family Law service Portland North that welcomes you, understands you and also shows you empathy in difficult times. Discover why you can be guaranteed of our commitment to your legal requirements.