Accredited Family Law & Separation Specialists In Devon Meadows
We know family law. Our Family Lawyers Devon Meadows have represented hundreds of family law customers for many years and act for mums, fathers, grandmothers, 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 specific competence 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 achievable, then we will represent you expertly throughout the Court procedure so that you acquire the very best possible result. If you are planning to engage the services of some of the very best family lawyers Devon Meadows has to offer, then look no further. When engaging one of our experts, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Devon Meadows, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations 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 usually filed 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 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 means more than physical separation where there is no probability 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 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 actually offered the other with some family services. It may be difficult to establish that separation has happened in these circumstances and accordingly the Court will require proof in support 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 partner needs to regard Australia as your home, mean to live in Devon Meadows forever or otherwise have the ability to provide 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 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 or was adopted or who is dealt with as a member of that family, and under the age of 18.
Once a Divorce has actually been granted the Divorce becomes reliable one month and one day after the Order has actually been made.
Once a Divorce has worked, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Devon Meadows
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court procedures the parties are needed to attend, get involved and make a genuine attempt in solving any parenting issues at a family disagreement resolution conference. Following completion 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 Authorization Orders. If no contract can be reached, even more negotiations can be set up with the assistance of lawyer, arbitrators and counsellors Devon Meadows.
If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court should concern the best interests of the child as the vital consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum level constant with the best interest of the kid; and
securing the children from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that children get appropriate and proper parenting to help them achieve their complete potential; and
guaranteeing that moms and dads fulfil their duties, and meet their responsibilities, concerning the care, well-being and advancement of their children.
There are other aspects that the Court might take into account in any particular circumstances.
Why Choose Our Family Lawyers Devon Meadows VIC
We are passionate regarding offering a specialty Family Law service Devon Meadows that welcomes you, understands you and also shows you empathy in tough times. Find out why you can be assured of our commitment to your legal needs.