Accredited Family Law & Separation Specialists In Steiglitz
We know family law. Our Child Custody Solicitors Steiglitz have represented hundreds of family law customers for many years and act for mums, dads, 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 knowledge in divorce, child custody and home division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you obtain the best possible outcome. If you are aiming to engage the services of a few of the best family legal representatives Steiglitz has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Steiglitz, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means 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 marital relationship has broken down irretrievably.
Any application for Divorce is usually submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties file 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 duration and means more than physical separation where there is no possibility 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 actually not been separated for more than 12 months.
An application can still be made while the parties are living under the exact same roof or if one has actually provided the other with some household services. It might be hard to develop that separation has occurred in these circumstances and appropriately the Court will need proof in support 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 citizen 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 Steiglitz indefinitely or otherwise be able to provide evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been wed for less than 2 years, the Court requires 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 appropriate plans have actually 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 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 becomes efficient one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period may be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Steiglitz
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 kid’s life.
Prior to the beginning of any Court proceedings the parties are required to go to, get involved and make an authentic attempt in dealing with any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, even more settlements can be organized with the assistance of solicitor, mediators and counsellors Steiglitz.
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 need confirmation that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must regard the best interests of the child as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the advantage of both of their parents having a meaningful participation in their lives, to the maximum degree consistent with the best interest of the child; and
securing the children from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
making sure that children receive sufficient and correct parenting to help them attain their complete potential; and
guaranteeing that moms and dads fulfil their tasks, and meet their obligations, concerning the care, well-being and development of their kids.
There are other aspects that the Court might take into consideration in any specific situations.
Why Choose Our Child Custody Lawyers Steiglitz VIC
We are passionate about giving a specialty Family Law service Steiglitz that welcomes you, understands you and shows you empathy in challenging times. Learn why you can be assured of our dedication to your legal needs.