Accredited Family Law & Separation Specialists In Broadmeadows
We understand family law. Our Family Solicitors Broadmeadows have actually represented numerous family law customers for many years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having particular proficiency 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 possible, then we will represent you skillfully throughout the Court process so that you obtain the very best possible outcome. If you are planning to engage the services of some of the very best family lawyers Broadmeadows has to offer, then look no further. When engaging one of our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Broadmeadows, 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 marriage has actually 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 marital relationship submits 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 period is to be a continuous period and means more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations 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 same roof or if one has actually provided the other with some home services. It may be challenging to establish that separation has actually happened in these situations and appropriately 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 needs to regard Australia as your home, intend to reside in Broadmeadows indefinitely or otherwise have the ability to provide 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 married 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 have to consider that appropriate plans have actually been produced any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that household, and under the age of 18.
As soon as a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has actually worked, there is only a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this duration may be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Broadmeadows
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the beginning of any Court procedures the parties are needed to participate in, get involved and make a genuine effort in solving any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no agreement can be reached, further settlements can be set up with the assistance of lawyer, mediators and counsellors Broadmeadows.
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 attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should relate to the best interests of the child as the critical factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the maximum degree constant with the best interest of the child; and
safeguarding the kids from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that children receive appropriate and appropriate parenting to assist them accomplish their full potential; and
making sure that parents fulfil their responsibilities, and meet their responsibilities, concerning the care, well-being and advancement of their children.
There are other factors that the Court might take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Broadmeadows VIC
We are passionate about giving a specialty Family Law service Broadmeadows that welcomes you, understands you and shows you empathy in tough times. Learn why you can be assured of our dedication to your legal needs.