Accredited Family Law & Divorce Specialists In Curdies River
We know family law. Our Family Lawyers Curdies River have actually represented hundreds of family law clients over 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 elements of family law, having particular proficiency in divorce, child custody and property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible result. If you are looking to engage the services of some of the best family lawyers Curdies River has to offer, then look no further. When engaging among our experts, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Curdies River, the Family Law Act 1975 developed 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 allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is normally 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 just readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and implies 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 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 supplied the other with some home services. It might be challenging to establish that separation has actually happened in these situations 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 spouse will need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to reside in Curdies River forever or otherwise be able to provide proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been wed for less than 2 years, the Court requires the parties to attend 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 appropriate arrangements 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.
Once a Divorce has been approved the Divorce ends up being efficient one month and one day after the Order has actually been made.
Once a Divorce has actually worked, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Curdies River
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to attend, take part and make a real effort in solving any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no arrangement can be reached, further settlements can be arranged with the support of solicitor, conciliators and counsellors Curdies River.
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 attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must regard the best interests of the kid as the vital consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the children have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum extent consistent with the best interest of the kid; and
securing the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that kids receive adequate and correct parenting to help them accomplish their full potential; and
ensuring that moms and dads fulfil their responsibilities, and satisfy their responsibilities, concerning the care, well-being and development of their children.
There are other factors that the Court may consider in any specific scenarios.
Why Choose Our Family Lawyers Curdies River VIC
We are passionate about providing a specialty Family Law service Curdies River that welcomes you, understands you and shows you empathy in challenging times. Figure out why you can be assured of our commitment to your legal requirements.