Accredited Family Law & Divorce Specialists In Carisbrook
We know family law. Our Family Solicitors Carisbrook have represented hundreds of family law clients for many years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having particular know-how in divorce, child custody and home division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you acquire the best possible outcome. If you are aiming to engage the services of some of the very best family lawyers Carisbrook has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Carisbrook, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies 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 broken down irretrievably.
Any application for Divorce is typically filed 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 available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and implies 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 not been separated for more than 12 months.
An application can still be made while the parties are living under the very same roof or if one has actually offered the other with some household services. It may be challenging to establish that separation has happened in these circumstances and appropriately the Court will require proof in support 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 resident by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to reside in Carisbrook indefinitely or otherwise be able to supply proof that you lived in Australian for at least 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 need to consider that proper plans have 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 home, and under the age of 18.
As soon as a Divorce has actually 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 only a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this duration might be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Carisbrook
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 proceedings the parties are required to go to, take part and make an authentic effort in solving any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no contract can be reached, further settlements can be arranged with the support of solicitor, arbitrators and counsellors Carisbrook.
If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should regard the best interests of the child as the critical consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum extent consistent with the best interest of the kid; and
safeguarding the children from physical and mental damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
ensuring that children receive adequate and appropriate parenting to help them achieve their complete potential; and
making sure that parents fulfil their responsibilities, and satisfy their responsibilities, concerning the care, well-being and advancement of their kids.
There are other factors that the Court might consider in any specific circumstances.
Why Choose Our Family Lawyers Carisbrook VIC
We are passionate about providing a specialty Family Law service Carisbrook that welcomes you, understands you as well as shows you empathy in challenging times. Find out why you can be assured of our dedication to your legal needs.