Accredited Family Law & Divorce Specialists In St James
We understand family law. Our Child Custody Lawyers St James 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 experienced family law and divorce legal representatives can represent you in all aspects of family law, having particular proficiency in divorce, child custody and residential or commercial property division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you obtain the best possible outcome. If you are looking to engage the services of some of the very best family legal representatives St James has to offer, then look no more. When engaging among our specialists, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In St James, 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 accusations of adultery, violence or abandonment are irrelevant. 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 marital relationship files 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 continuous 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 actually not been separated for more than 12 months.
An application can still be made while the parties are living under the very same roof or if one has actually supplied the other with some household services. It may be hard to develop that separation has occurred in these scenarios and appropriately the Court will require proof in assistance 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 person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to live in St James indefinitely or otherwise be able to provide proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been married for less than 2 years, the Court requires 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 have to think about that proper arrangements have been produced 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 family, and under the age of 18.
As soon as 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 just a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this period might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders St James
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the beginning of any Court proceedings the parties are needed to go to, get involved and make an authentic attempt in fixing any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is issued 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 negotiations can be set up with the help of lawyer, mediators and counsellors St James.
If no agreement can be reached beyond the court system, an individual 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 obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court should 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 satisfied by:
guaranteeing that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum level constant with the best interest of the child; and
securing the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
ensuring that kids get sufficient and appropriate parenting to assist them attain their full potential; and
guaranteeing that parents satisfy their duties, and fulfill their obligations, concerning the care, welfare and development of their children.
There are other elements that the Court might take into account in any specific situations.
Why Choose Our Child Custody Lawyers St James VIC
We are passionate regarding giving a specialty Family Law service St James that welcomes you, understands you and shows you empathy in challenging times. Find out why you can be guaranteed of our commitment to your legal demands.