Accredited Family Law & Separation Specialists In Strathewen
We understand family law. Our Child Custody Solicitors Strathewen have represented numerous family law customers throughout the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular know-how in divorce, child custody and property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you obtain the best possible outcome. If you are seeking to engage the services of a few of the best family lawyers Strathewen has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Strathewen, 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 desertion are unimportant. The only ground for Divorce is that the marriage has actually 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 just readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and means 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 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 same roof or if one has actually offered the other with some home services. It may be hard to establish that separation has taken place in these scenarios and appropriately the Court will need evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, plan to live in Strathewen forever or otherwise have the ability to offer 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 correct plans 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.
Once a Divorce has actually been granted the Divorce ends up being reliable one month and one day after the Order has been made.
As soon as a Divorce has actually taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Strathewen
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 procedures the parties are required to participate in, take part and make an authentic attempt in dealing with any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Approval Orders. If no agreement can be reached, even more settlements can be set up with the assistance of solicitor, conciliators and counsellors Strathewen.
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 need verification that the parties have attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court must relate to the best interests of the child as the critical factor to consider.
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 significant participation in their lives, to the optimum level constant with the very best interest of the child; and
safeguarding the children from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and
ensuring that kids get appropriate and appropriate parenting to assist them accomplish their complete potential; and
making sure that moms and dads satisfy their tasks, and satisfy their duties, concerning the care, welfare and development of their kids.
There are other factors that the Court may take into account in any particular scenarios.
Why Choose Our Child Custody Lawyers Strathewen VIC
We are passionate about offering a specialty Family Law service Strathewen that welcomes you, understands you as well as shows you empathy in challenging times. Learn why you can be guaranteed of our dedication to your legal needs.