Accredited Family Law & Divorce Specialists In Cranbourne South
We know family law. Our Family Solicitors Cranbourne South have actually represented numerous family law customers throughout the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having specific 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 achievable, then we will represent you expertly throughout the Court process so that you obtain the best possible result. If you are seeking to engage the services of a few of the best family legal representatives Cranbourne South has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Cranbourne South, the Family Law Act 1975 established 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 abandonment are irrelevant. The only ground for Divorce is that the marital relationship 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 only 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 possibility of reconciliation.
The application can be opposed in scenarios 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 offered the other with some family services. It might be challenging to develop that separation has happened in these scenarios and accordingly the Court will need proof in assistance 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to live in Cranbourne South forever or otherwise have the ability to offer evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually been wed for less than 2 years, the Court requires 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 arrangements have been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that household, 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.
Once a Divorce has actually taken effect, there is just a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Cranbourne South
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the start of any Court proceedings the parties are needed to attend, take part and make a real attempt in fixing any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no agreement can be reached, even more settlements can be organized with the help of lawyer, mediators and counsellors Cranbourne South.
If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to relate to the best interests of the kid as the vital consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the children have the benefit of both of their parents having a meaningful participation in their lives, to the optimum extent constant with the very best interest of the kid; and
protecting the kids from physical and mental damage and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get sufficient and proper parenting to help them accomplish their full potential; and
ensuring that parents fulfil their responsibilities, and meet their duties, concerning the care, welfare and advancement of their kids.
There are other elements that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Cranbourne South VIC
We are passionate regarding giving a specialized Family Law service Cranbourne South 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 requirements.