Accredited Family Law & Divorce Specialists In Strathlea
We know family law. Our Child Custody Solicitors Strathlea have actually represented numerous family law customers throughout the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having specific competence 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 achievable, then we will represent you skillfully throughout the Court process so that you get the best possible outcome. If you are aiming to engage the services of a few of the best family solicitors Strathlea has to offer, then look no more. When engaging among our professionals, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Strathlea, 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 infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship 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 marital relationship files the application, or a joint application where both parties file the application together.
An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration 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 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 very same roof or if one has actually provided the other with some household services. It may be difficult to establish that separation has actually happened in these scenarios and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a period 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 established, you or your partner needs to regard Australia as your home, mean to live in Strathlea forever or otherwise have the ability to offer 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 needs 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 consider that proper arrangements 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 treated as a member of that home, and under the age of 18.
Once a Divorce has actually been given the Divorce becomes efficient one month and one day after the Order has actually been made.
Once a Divorce has worked, there is only a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this period may be given in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Strathlea
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are required to participate in, get involved and make a real attempt in resolving any parenting concerns at a family dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more negotiations can be arranged with the help of solicitor, conciliators and counsellors Strathlea.
If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must relate to the very best interests of the kid as the paramount consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:
ensuring that the children have the benefit of both of their parents having a meaningful participation in their lives, to the maximum level constant with the very best interest of the child; and
safeguarding the kids from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and
ensuring that kids get sufficient and correct parenting to help them accomplish their complete potential; and
making sure that moms and dads fulfil their responsibilities, and satisfy their duties, concerning the care, welfare and development of their children.
There are other elements that the Court may take into account in any particular scenarios.
Why Choose Our Child Custody Lawyers Strathlea VIC
We are passionate about offering a specialty Family Law service Strathlea that welcomes you, understands you as well as shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal needs.