Accredited Family Law & Divorce Specialists In Cranbourne North
We understand family law. Our Family Solicitors Cranbourne North have represented hundreds of family law customers for many 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 elements of family law, having specific expertise in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you get the very best possible result. If you are planning to engage the services of some of the very best family legal representatives Cranbourne North has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Cranbourne North, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests 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 marital relationship has broken down irretrievably.
Any application for Divorce is generally submitted 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 offered after a 12 month period of separation. This 12 month separation period is to be a constant period and suggests 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 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 offered the other with some family services. It might be tough to develop that separation has actually happened in these scenarios and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to reside in Cranbourne North indefinitely or otherwise be able to provide proof that you resided 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 correct 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 dealt with as a member of that family, and under the age of 18.
Once a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has actually been made.
Once a Divorce has actually taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period may be approved in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Cranbourne North
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are required to go to, take part and make a real effort in dealing with any parenting issues at a household dispute resolution conference. Following conclusion 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 Approval Orders. If no agreement can be reached, even more negotiations can be organized with the support of lawyer, mediators and counsellors Cranbourne North.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted 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 needs to concern the best interests of the child as the vital factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the optimum degree consistent with the best interest of the child; and
securing the children from physical and mental damage and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that children receive appropriate and appropriate parenting to assist them accomplish their complete potential; and
making sure that parents fulfil their tasks, and fulfill their duties, concerning the care, well-being and advancement of their children.
There are other factors that the Court may take into consideration in any particular situations.
Why Choose Our Family Lawyers Cranbourne North VIC
We are passionate about giving a specialty Family Law service Cranbourne North that welcomes you, understands you as well as shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal demands.