Accredited Family Law & Separation Specialists In Alfredton
We know family law. Our Family Lawyers Alfredton have represented hundreds of family law customers for many years and act for mums, dads, grandmothers, grandfathers, 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 expertise in divorce, child custody and property division.
We are dedicated 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 process so that you get the best possible result. If you are wanting to engage the services of a few of the best family solicitors Alfredton has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Alfredton, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, 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 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 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 period of separation. This 12 month separation period is to be a continuous period and means more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios 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 same roof or if one has actually offered the other with some household services. It may be challenging to establish that separation has happened in these circumstances and appropriately the Court will require evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse 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 Alfredton indefinitely or otherwise be able to supply evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has actually been married 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 consider that appropriate arrangements have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that household, and under the age of 18.
Once a Divorce has actually been approved the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has actually taken effect, there is just a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this duration may be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Alfredton
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the start of any Court proceedings the parties are needed to go to, take part and make an authentic attempt in resolving any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, further negotiations can be arranged with the support of lawyer, mediators and counsellors Alfredton.
If no arrangement can be reached outside of the court system, a person 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 receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must relate to the best interests of the kid as the critical consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:
guaranteeing that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum extent consistent with the best interest of the child; and
securing the children from physical and psychological damage and from going through, or exposed to, abuse, overlook or family violence; and
making sure that children get sufficient and correct parenting to help them accomplish their complete potential; and
making sure that parents satisfy their tasks, and satisfy their obligations, concerning the care, well-being and development of their children.
There are other aspects that the Court might take into account in any specific circumstances.
Why Choose Our Family Lawyers Alfredton VIC
We are passionate about giving a specialty Family Law service Alfredton that welcomes you, understands you and also shows you empathy in hard times. Figure out why you can be assured of our commitment to your legal needs.