Accredited Family Law & Separation Specialists In Comet Hill
We understand family law. Our Family Lawyers Comet Hill have actually represented numerous family law customers over the years and act for mums, dads, grandmas, grandfathers, 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 competence in divorce, child custody and home division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you get the best possible outcome. If you are aiming to engage the services of some of the best family lawyers Comet Hill has to offer, then look no more. When engaging among our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Comet Hill, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage 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 marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is only available after a 12 month period 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 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 living under the same roof or if one has actually provided the other with some family services. It may be difficult to develop that separation has actually occurred in these scenarios and appropriately the Court will need evidence in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, plan to live in Comet Hill indefinitely or otherwise be able 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 actually been married 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 consider that proper plans have actually been made for any child of the marital relationship, 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 home, and under the age of 18.
Once a Divorce has been granted the Divorce becomes efficient one month and one day after the Order has been made.
As soon as a Divorce has actually taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period may be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Comet Hill
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the beginning of any Court procedures the parties are required to go to, take part and make a genuine effort in resolving any parenting problems at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be organized with the help of solicitor, conciliators and counsellors Comet Hill.
If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must concern the best interests of the child as the vital consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the children have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum level consistent with the best interest of the child; and
safeguarding the kids from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that kids get sufficient and proper parenting to help them attain their full potential; and
making sure that moms and dads fulfil their duties, and meet their obligations, concerning the care, welfare and development of their kids.
There are other elements that the Court might take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Comet Hill VIC
We are passionate regarding giving a specialty Family Law service Comet Hill that welcomes you, understands you as well as shows you empathy in difficult times. Discover why you can be assured of our dedication to your legal demands.