Accredited Family Law & Separation Specialists In Box Hill
We know family law. Our Family Solicitors Box Hill have actually represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, 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 dedicated to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible result. If you are seeking to engage the services of some of the best family legal representatives Box Hill has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Box Hill, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations 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 normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits 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 period of separation. This 12 month separation period is to be a continuous period and indicates more than physical separation where there is no possibility 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 residing under the exact same roof or if one has actually provided the other with some family services. It may be hard to establish that separation has actually taken place in these circumstances and appropriately the Court will require proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to reside in Box Hill indefinitely or otherwise have the ability to provide evidence that you resided 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 have to think about that proper 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 becomes effective one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is just a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this period might be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Box Hill
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a kid’s life.
Prior to the beginning of any Court proceedings the parties are needed to participate in, take part and make a real attempt in dealing with any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, further negotiations can be organized with the assistance of lawyer, conciliators and counsellors Box Hill.
If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should relate to the very best interests of the child as the vital factor to consider.
According to area 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 meaningful participation in their lives, to the optimum level consistent with the best interest of the kid; and
protecting the children from physical and psychological harm and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids get appropriate and appropriate parenting to assist them accomplish their full potential; and
guaranteeing that parents fulfil their tasks, and meet their duties, concerning the care, well-being and advancement of their children.
There are other aspects that the Court may consider in any specific circumstances.
Why Choose Our Family Lawyers Box Hill VIC
We are passionate regarding giving a specialized Family Law service Box Hill that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal needs.