Accredited Family Law & Divorce Specialists In Dalmore
We know family law. Our Family Lawyers Dalmore have represented numerous family law clients for many years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having particular expertise in divorce, child custody and property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you get the best possible outcome. If you are aiming to engage the services of some of the very best family legal representatives Dalmore has to offer, then look no further. When engaging among our experts, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Dalmore, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has 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 marriage submits the application, or a joint application where both parties file the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration 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 deal with 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 residing under the very same roof or if one has actually provided the other with some family services. It might be tough to develop that separation has taken place 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 have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to live in Dalmore indefinitely or otherwise be able to provide proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been married for less than 2 years, the Court needs 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 proper arrangements have been made for 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 family, and under the age of 18.
As soon as a Divorce has been approved the Divorce becomes effective one month and one day after the Order has actually been made.
When a Divorce has actually taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this duration may be approved in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Dalmore
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the beginning of any Court proceedings the parties are required to go to, get involved and make an authentic effort in dealing with any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more settlements can be set up with the support of lawyer, arbitrators and counsellors Dalmore.
If no contract can be reached outside of 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 conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should concern the very best interests of the child as the critical consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum level consistent with the best interest of the child; and
protecting the children from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that kids receive sufficient and appropriate parenting to help them attain their full potential; and
making sure that parents fulfil their duties, and meet their duties, concerning the care, well-being and development of their kids.
There are other factors that the Court might consider in any specific circumstances.
Why Choose Our Family Lawyers Dalmore VIC
We are passionate regarding providing a specialty Family Law service Dalmore that welcomes you, understands you and shows you empathy in difficult times. Find out why you can be guaranteed of our dedication to your legal demands.