Accredited Family Law & Separation Specialists In Stockyard Hill
We understand family law. Our Child Custody Solicitors Stockyard Hill have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having particular knowledge in divorce, child custody and residential or commercial 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 wanting to engage the services of some of the best family legal representatives Stockyard Hill has to offer, then look no further. When engaging one of our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Stockyard Hill, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is typically filed 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 only available after a 12 month period of separation. This 12 month separation duration is to be a continuous 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 supplied the other with some home services. It may be difficult to establish that separation has occurred in these circumstances and accordingly 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 partner will need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to reside in Stockyard Hill indefinitely or otherwise be able to provide evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been wed 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 correct plans 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 treated as a member of that home, and under the age of 18.
Once a Divorce has actually been given the Divorce ends up being reliable one month and one day after the Order has been made.
When a Divorce has worked, there is only a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Stockyard Hill
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are required to attend, take part and make an authentic attempt in resolving any parenting issues at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released 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, further negotiations can be organized with the assistance of solicitor, conciliators and counsellors Stockyard Hill.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should regard the best interests of the kid as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the children have the benefit of both of their parents having a meaningful participation in their lives, to the maximum extent consistent with the best interest of the child; and
protecting the kids from physical and psychological damage and from going through, or exposed to, abuse, overlook or family violence; and
guaranteeing that children receive appropriate and appropriate parenting to assist them attain their full potential; and
making sure that moms and dads satisfy their tasks, and satisfy their duties, concerning the care, welfare and development of their children.
There are other aspects that the Court might take into consideration in any particular situations.
Why Choose Our Child Custody Lawyers Stockyard Hill VIC
We are passionate regarding offering a specialized Family Law service Stockyard Hill that welcomes you, understands you and also shows you empathy in hard times. Find out why you can be assured of our commitment to your legal needs.