Accredited Family Law & Divorce Specialists In South Yarra
We understand family law. Our Child Custody Solicitors South Yarra have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandpas, married 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 specific knowledge in divorce, child custody and home division.
We are devoted to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible outcome. If you are looking to engage the services of some of the best family legal representatives South Yarra has to offer, then look no further. When engaging among our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In South Yarra, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is typically submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties file 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 continuous duration 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 not been separated for more than 12 months.
An application can still be made while the parties are residing under the very same roof or if one has actually supplied the other with some family services. It may be tough to develop that separation has occurred in these circumstances and appropriately the Court will need evidence in assistance 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to live in South Yarra forever or otherwise be able to offer evidence that you resided in Australian for a minimum of 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 have to think about that correct plans have been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that household, and under the age of 18.
When a Divorce has actually been given the Divorce ends up being efficient 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 in which to submit an application for property/financial and spousal upkeep. An extension to this period may be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders South Yarra
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the start of any Court procedures the parties are needed to go to, participate and make a real effort in solving any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be organized with the help of solicitor, arbitrators and counsellors South Yarra.
If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to concern the best interests of the kid as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum level consistent with the very best interest of the kid; and
protecting the kids from physical and psychological harm and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that kids receive adequate and proper parenting to assist them achieve their complete potential; and
ensuring that moms and dads satisfy their duties, and meet their obligations, concerning the care, welfare and development of their children.
There are other factors that the Court might take into consideration in any particular scenarios.
Why Choose Our Child Custody Lawyers South Yarra VIC
We are passionate about offering a specialized Family Law service South Yarra that welcomes you, understands you and shows you empathy in tough times. Find out why you can be guaranteed of our dedication to your legal demands.