Accredited Family Law & Divorce Specialists In Allestree
We understand family law. Our Family Solicitors Allestree have actually represented numerous family law clients throughout the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific expertise in divorce, child custody and home division.
We are devoted to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you obtain the best possible result. If you are seeking to engage the services of a few of the best family lawyers Allestree has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Allestree, the Family Law Act 1975 developed 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 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 only available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and implies more than physical separation where there is no possibility of reconciliation.
The application can be opposed in scenarios 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 residing under the very same roof or if one has actually provided the other with some family services. It may be challenging to establish that separation has actually taken place in these scenarios and accordingly the Court will need proof in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to live in Allestree indefinitely or otherwise have the ability to provide evidence that you lived in Australian for a minimum of 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 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 or was adopted or who is dealt with as a member of that household, and under the age of 18.
As soon as a Divorce has been granted the Divorce becomes effective one month and one day after the Order has actually been made.
When a Divorce has worked, there is only a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Allestree
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 commencement of any Court proceedings the parties are needed to go to, participate and make an authentic effort in fixing any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be organized with the support of solicitor, arbitrators and counsellors Allestree.
If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court should regard the best interests of the child as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the kids have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum extent consistent with the very best interest of the kid; and
securing the kids from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids receive sufficient and correct parenting to help them achieve their full potential; and
ensuring that parents fulfil their duties, and satisfy their responsibilities, concerning the care, welfare and development of their children.
There are other aspects that the Court may take into account in any particular situations.
Why Choose Our Family Lawyers Allestree VIC
We are passionate regarding offering a specialty Family Law service Allestree that welcomes you, understands you and shows you empathy in challenging times. Find out why you can be assured of our commitment to your legal requirements.