Accredited Family Law & Separation Specialists In Tallandoon
We understand family law. Our Child Custody Lawyers Tallandoon have actually represented numerous family law clients over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having particular knowledge in divorce, child custody and residential or commercial property division.
We are devoted to assisting you settle your matter as rapidly 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 result. If you are aiming to engage the services of a few of the best family solicitors Tallandoon has to offer, then look no more. When engaging among our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Tallandoon, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is usually 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 readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and suggests more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in circumstances 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 exact same roof or if one has offered the other with some household services. It might be hard to establish that separation has actually occurred in these circumstances and accordingly the Court will need proof in support of the application.
In addition to the requirements of a period 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 has to regard Australia as your home, plan to live in Tallandoon forever or otherwise be able to offer 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 wed for less than 2 years, the Court needs the parties to participate in 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 appropriate arrangements have been produced 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.
As soon as a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has actually been made.
When a Divorce has taken effect, there is just a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period might be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Tallandoon
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the start of any Court proceedings the parties are needed to attend, take part and make a genuine attempt in solving any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more settlements can be arranged with the support of lawyer, arbitrators and counsellors Tallandoon.
If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to regard the very best interests of the child as the vital consideration.
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 parents having a significant participation in their lives, to the optimum degree constant with the best interest of the kid; and
protecting the children from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids receive sufficient and appropriate parenting to assist them achieve their complete potential; and
guaranteeing that parents fulfil their tasks, and satisfy their obligations, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court may take into consideration in any particular situations.
Why Choose Our Child Custody Lawyers Tallandoon VIC
We are passionate about giving a specialized Family Law service Tallandoon that welcomes you, understands you and also shows you empathy in tough times. Figure out why you can be assured of our dedication to your legal demands.