Accredited Family Law & Divorce Specialists In Streatham
We understand family law. Our Child Custody Solicitors Streatham have represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having specific know-how in divorce, child custody and home division.
We are committed to helping 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 aiming to engage the services of a few of the best family lawyers Streatham has to offer, then look no further. When engaging among our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Streatham, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations 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 submitted 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 only offered after a 12 month period of separation. This 12 month separation period is to be a continuous duration and suggests 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 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 living under the same roof or if one has offered the other with some family services. It might be challenging to establish that separation has occurred in these situations and appropriately the Court will need 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 have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, mean to reside in Streatham indefinitely or otherwise be able to offer proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances 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 think about that appropriate plans have actually been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that household, and under the age of 18.
When a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has been made.
Once a Divorce has worked, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Streatham
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the beginning of any Court procedures the parties are needed to participate in, participate and make an authentic effort in fixing any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no contract can be reached, further settlements can be arranged with the assistance of solicitor, mediators and counsellors Streatham.
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 confirmation 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 start of Court procedures.
In parenting matters, a Court needs to regard the very best interests of the child as the critical factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the maximum degree constant with the very best interest of the child; and
safeguarding the kids from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that children get appropriate and correct parenting to assist them accomplish their full potential; and
ensuring that moms and dads satisfy their duties, and fulfill their duties, concerning the care, welfare and development of their children.
There are other factors that the Court might consider in any specific scenarios.
Why Choose Our Child Custody Lawyers Streatham VIC
We are passionate regarding offering a specialized Family Law service Streatham that welcomes you, understands you and shows you empathy in hard times. Discover why you can be assured of our commitment to your legal requirements.