Accredited Family Law & Divorce Specialists In Strzelecki
We know family law. Our Child Custody Lawyers Strzelecki have represented numerous family law customers throughout the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having particular competence 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 possible, then we will represent you skillfully throughout the Court process so that you obtain the best possible outcome. If you are wanting to engage the services of some of the very best family legal representatives Strzelecki 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 Strzelecki, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is normally 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 submit the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation duration 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 scenarios where the Court does not have jurisdiction to handle 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 exact same roof or if one has actually provided the other with some family services. It may be difficult to establish that separation has occurred in these circumstances and accordingly the Court will require evidence in support of the application.
In addition to the requirements of a period 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 needs to regard Australia as your home, intend to live in Strzelecki indefinitely or otherwise have the ability to supply proof that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has actually 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 need to think about that proper arrangements have been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that home, and under the age of 18.
When a Divorce has been granted the Divorce ends up being reliable one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this duration might be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Strzelecki
Applications for Parenting Orders can be brought by either or both of the moms and dads, 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 participate in, take part and make a genuine effort in solving any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Approval Orders. If no contract can be reached, further settlements can be organized with the support of solicitor, mediators and counsellors Strzelecki.
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 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 regard the very best interests of the kid as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the children have the benefit of both of their parents having a significant participation in their lives, to the maximum extent constant with the very best interest of the child; and
securing the children from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that children get appropriate and correct parenting to help them accomplish their complete potential; and
ensuring that moms and dads fulfil their duties, and fulfill their responsibilities, concerning the care, well-being and development of their kids.
There are other factors that the Court may take into account in any particular circumstances.
Why Choose Our Child Custody Lawyers Strzelecki VIC
We are passionate regarding providing a specialized Family Law service Strzelecki that welcomes you, understands you as well as shows you empathy in hard times. Learn why you can be assured of our commitment to your legal needs.