Accredited Family Law & Divorce Specialists In St Albans Park
We understand family law. Our Child Custody Solicitors St Albans Park have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having particular competence 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 skillfully throughout the Court procedure so that you get the very best possible result. If you are seeking to engage the services of some of the very best family solicitors St Albans Park has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In St Albans Park, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has 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 submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation duration is to be a constant period and means more than physical separation where there is no probability 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 offered the other with some family services. It may be tough to develop that separation has actually taken place in these scenarios and accordingly the Court will need evidence in assistance of the application.
In addition to the requirements of a period 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 established, you or your partner needs to regard Australia as your home, mean to live in St Albans Park forever or otherwise have the ability to provide evidence that you lived 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 requires 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 think about that appropriate plans have actually 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 home, and under the age of 18.
As soon as a Divorce has been approved the Divorce becomes effective one month and one day after the Order has actually been made.
When a Divorce has taken effect, there is just a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period might be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders St Albans Park
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a child’s life.
Prior to the beginning of any Court procedures the parties are required to participate in, participate and make a genuine attempt in solving any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more negotiations can be arranged with the help of solicitor, arbitrators and counsellors St Albans Park.
If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have actually attempted a conflict 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 child as the critical factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are met by:
guaranteeing that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum degree consistent with the best interest of the child; and
protecting the children from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids get adequate and proper parenting to help them attain their full potential; and
ensuring that moms and dads satisfy their responsibilities, and satisfy their responsibilities, concerning the care, well-being and development of their kids.
There are other factors that the Court may take into consideration in any specific scenarios.
Why Choose Our Child Custody Lawyers St Albans Park VIC
We are passionate about offering a specialty Family Law service St Albans Park that welcomes you, understands you and also shows you empathy in hard times. Figure out why you can be assured of our commitment to your legal needs.