Accredited Family Law & Divorce Specialists In St Kilda East
We know family law. Our Child Custody Lawyers St Kilda East have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandfathers, married 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 proficiency in divorce, child custody and home division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully 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 legal representatives St Kilda East has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In St Kilda East, 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 unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is usually 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 only offered after a 12 month period of separation. This 12 month separation period is to be a continuous period and implies more than physical separation where there is no probability of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to handle 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 household services. It might be hard to develop that separation has taken place in these scenarios and accordingly the Court will need 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 person by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to live in St Kilda East indefinitely or otherwise be able to supply evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually been wed 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 have to consider that correct arrangements have been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that household, and under the age of 18.
Once a Divorce has actually been granted the Divorce becomes reliable one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period may be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders St Kilda East
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the beginning of any Court proceedings the parties are needed to attend, take part and make a real effort in resolving any parenting concerns at a household conflict resolution conference. Following conclusion 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 Authorization Orders. If no contract can be reached, even more negotiations can be arranged with the assistance of solicitor, arbitrators and counsellors St Kilda East.
If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to relate to the very best interests of the kid as the vital consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the children have the advantage of both of their parents having a meaningful participation in their lives, to the maximum level constant with the very best interest of the kid; and
safeguarding the children from physical and mental damage and from undergoing, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids get adequate and proper parenting to assist them attain their full potential; and
ensuring that moms and dads fulfil their responsibilities, and fulfill their responsibilities, concerning the care, welfare and advancement of their kids.
There are other elements that the Court might consider in any particular circumstances.
Why Choose Our Child Custody Lawyers St Kilda East VIC
We are passionate about giving a specialty Family Law service St Kilda East that welcomes you, understands you and shows you empathy in challenging times. Discover why you can be guaranteed of our dedication to your legal needs.