Accredited Family Law & Separation Specialists In Stoneleigh
We understand family law. Our Child Custody Lawyers Stoneleigh have represented hundreds of family law clients throughout the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having specific knowledge in divorce, child custody and residential or commercial property division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you acquire the very best possible result. If you are seeking to engage the services of a few of the very best family solicitors Stoneleigh has to offer, then look no more. 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 Stoneleigh, the Family Law Act 1975 developed 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 accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is generally filed 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 submit the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation period is to be a constant period and indicates more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations 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 same roof or if one has actually supplied the other with some household services. It may be challenging to establish that separation has taken place in these circumstances and accordingly the Court will require 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 needs to regard Australia as your home, plan to live in Stoneleigh forever or otherwise be able to provide evidence that you lived in Australian for a minimum of 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 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 proper 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 treated as a member of that home, and under the age of 18.
As soon as a Divorce has actually been granted the Divorce ends up being effective one month and one day after the Order has actually been made.
As soon as a Divorce has actually taken effect, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period might be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Stoneleigh
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 commencement of any Court procedures the parties are needed to participate in, take part and make a real attempt in fixing 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 arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be organized with the support of solicitor, mediators and counsellors Stoneleigh.
If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have tried a conflict 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 child as the paramount consideration.
Inning accordance with 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 significant participation in their lives, to the optimum degree constant with the very best interest of the child; and
securing the kids from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids receive sufficient and correct parenting to help them accomplish their full potential; and
ensuring that moms and dads satisfy their duties, and fulfill their responsibilities, concerning the care, well-being and development of their kids.
There are other aspects that the Court may take into account in any specific circumstances.
Why Choose Our Child Custody Lawyers Stoneleigh VIC
We are passionate about offering a specialty Family Law service Stoneleigh that welcomes you, understands you as well as shows you empathy in challenging times. Figure out why you can be assured of our commitment to your legal demands.