Accredited Family Law & Separation Specialists In Altona North
We know family law. Our Family Lawyers Altona North have represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced 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 dedicated to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you get the best possible outcome. If you are wanting to engage the services of some of the best family legal representatives Altona North has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Altona North, 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 allegations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is usually submitted 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 only available after a 12 month period of separation. This 12 month separation period is to be a continuous period and indicates 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 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 supplied the other with some household services. It may be difficult to develop that separation has actually happened in these situations and appropriately the Court will need evidence in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, mean to reside in Altona North indefinitely or otherwise have the ability to offer evidence that you lived in Australian for a minimum of 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 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 have to consider that correct 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 home, and under the age of 18.
As soon as a Divorce has been granted the Divorce becomes efficient one month and one day after the Order has actually been made.
When a Divorce has taken effect, there is only a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this duration might be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Altona North
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the commencement of any Court procedures the parties are required to go to, get involved and make an authentic effort in fixing any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more negotiations can be organized with the assistance of solicitor, mediators and counsellors Altona North.
If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to regard the best interests of the child as the vital consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the kids have the advantage of both of their parents having a significant participation in their lives, to the optimum level constant with the very best interest of the kid; and
safeguarding the children from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that children receive appropriate and proper parenting to help them accomplish their complete potential; and
making sure that parents satisfy their tasks, and fulfill their duties, concerning the care, well-being and advancement of their kids.
There are other aspects that the Court might take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Altona North VIC
We are passionate about giving a specialized Family Law service Altona North that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be guaranteed of our dedication to your legal needs.