Accredited Family Law & Divorce Specialists In Prahran East
We know family law. Our Child Custody Lawyers Prahran East have represented hundreds of family law clients over the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having particular expertise in divorce, child custody and property division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you get the best possible result. If you are aiming to engage the services of a few of the best family lawyers Prahran East has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Prahran East, 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 marital relationship has broken down irretrievably.
Any application for Divorce is generally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files 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 period and implies 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 handle 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 exact same roof or if one has actually provided the other with some household services. It may be challenging to develop that separation has actually occurred in these circumstances and accordingly the Court will need 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 need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to reside in Prahran East forever or otherwise have the ability 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 actually been married for less than 2 years, the Court needs the parties to participate in 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 arrangements have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that household, and under the age of 18.
When a Divorce has been granted the Divorce becomes effective one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is just a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this period might be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Prahran East
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the commencement of any Court proceedings the parties are required to attend, get involved and make a real attempt in dealing with any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more settlements can be arranged with the help of solicitor, arbitrators and counsellors Prahran East.
If no contract can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must regard the very best interests of the kid as the critical consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are met by:
ensuring that the kids have the advantage of both of their parents having a meaningful participation in their lives, to the maximum degree consistent with the very best interest of the child; and
securing the kids from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that children receive sufficient and correct parenting to help them accomplish their full potential; and
making sure that moms and dads satisfy their tasks, and satisfy their responsibilities, concerning the care, well-being and development of their children.
There are other factors that the Court might take into account in any particular situations.
Why Choose Our Child Custody Lawyers Prahran East VIC
We are passionate about offering a specialty Family Law service Prahran East that welcomes you, understands you as well as shows you empathy in hard times. Find out why you can be assured of our dedication to your legal demands.