Accredited Family Law & Divorce Specialists In Prentice North
We know family law. Our Child Custody Lawyers Prentice North have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmothers, grandfathers, 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 proficiency in divorce, child custody and property division.
We are dedicated 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 process so that you get the best possible result. If you are aiming to engage the services of a few of the best family legal representatives Prentice North has to offer, then look no further. When engaging among our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Prentice North, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally filed 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 file the application together.
An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation period is to be a constant duration and means more than physical separation where there is no probability 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 provided the other with some home services. It may be challenging to develop that separation has occurred in these scenarios and accordingly the Court will require proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia citizen 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 Prentice North forever or otherwise be able to offer evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has actually been married 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 need to think about 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.
As soon as a Divorce has actually been approved the Divorce ends up being effective 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 period where to file an application for property/financial and spousal maintenance. An extension to this duration may be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Prentice North
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a kid’s life.
Prior to the beginning of any Court proceedings the parties are needed to go to, participate and make a genuine effort in fixing any parenting concerns at a household dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, even more negotiations can be set up with the support of lawyer, arbitrators and counsellors Prentice North.
If no contract can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must concern the best interests of the kid 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 advantage of both of their parents having a meaningful participation in their lives, to the maximum extent consistent with the very best interest of the child; and
protecting the kids from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive sufficient and correct parenting to assist them achieve their full potential; and
guaranteeing that parents fulfil their tasks, and fulfill their responsibilities, concerning the care, well-being and development of their kids.
There are other aspects that the Court may take into consideration in any particular situations.
Why Choose Our Child Custody Lawyers Prentice North VIC
We are passionate regarding providing a specialized Family Law service Prentice North that welcomes you, understands you and shows you empathy in hard times. Figure out why you can be assured of our commitment to your legal needs.