Accredited Family Law & Separation Specialists In Curdie Vale
We understand family law. Our Family Lawyers Curdie Vale have represented numerous family law customers for many years and act for mums, dads, grandmas, grandfathers, 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 particular competence 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 attainable, then we will represent you skillfully throughout the Court procedure so that you get the best possible outcome. If you are seeking to engage the services of a few of the best family lawyers Curdie Vale has to offer, then look no more. When engaging among our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Curdie Vale, 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 accusations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage 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 submits the application, or a joint application where both parties file the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and indicates more than physical separation where there is no probability of reconciliation.
The application can be opposed in circumstances 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 living under the same roof or if one has supplied the other with some household services. It might be hard to develop that separation has occurred in these situations and accordingly the Court will require evidence in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to live in Curdie Vale forever or otherwise have the ability 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 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 need 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 dealt with as a member of that family, and under the age of 18.
As soon as a Divorce has actually been given the Divorce becomes reliable one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this period might be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Curdie Vale
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 start of any Court proceedings the parties are required to attend, take part and make an authentic attempt in solving any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more negotiations can be organized with the support of lawyer, arbitrators and counsellors Curdie Vale.
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 confirmation that the parties have tried a dispute 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 regard the best interests of the kid as the critical consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the advantage of both of their moms and dads having a significant involvement in their lives, to the optimum level constant with the best interest of the kid; and
protecting the kids from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that kids receive adequate and proper parenting to help them attain their complete potential; and
guaranteeing that parents fulfil their responsibilities, and meet their obligations, concerning the care, welfare and advancement of their children.
There are other factors that the Court may consider in any particular circumstances.
Why Choose Our Family Lawyers Curdie Vale VIC
We are passionate about offering a specialized Family Law service Curdie Vale that welcomes you, understands you as well as shows you empathy in difficult times. Find out why you can be assured of our dedication to your legal demands.