Accredited Family Law & Separation Specialists In Armstrong
We understand family law. Our Family Solicitors Armstrong have represented hundreds of family law customers throughout the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having specific expertise in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as rapidly 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 result. If you are seeking to engage the services of some of the best family lawyers Armstrong has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Armstrong, 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 unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties submit the application together.
An application for Divorce is only offered 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 circumstances 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 living under the very same roof or if one has actually offered the other with some household services. It may be hard to develop that separation has occurred in these circumstances and accordingly 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 citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to reside in Armstrong indefinitely or otherwise have the ability to offer proof 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 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 think about that correct arrangements have been made for any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that home, and under the age of 18.
When a Divorce has actually been granted the Divorce ends up being efficient one month and one day after the Order has actually been made.
As soon as a Divorce has actually taken effect, there is only a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Armstrong
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are needed to go to, participate and make a real attempt in resolving any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more negotiations can be organized with the help of solicitor, conciliators and counsellors Armstrong.
If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must concern the very best interests of the child as the paramount factor to consider.
According to 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 parents having a significant participation in their lives, to the maximum level consistent with the very best interest of the child; and
protecting the children from physical and mental damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that children get appropriate and appropriate parenting to help them achieve their complete potential; and
making sure that moms and dads satisfy their duties, and meet their obligations, concerning the care, well-being and development of their children.
There are other factors that the Court may take into account in any particular scenarios.
Why Choose Our Family Lawyers Armstrong VIC
We are passionate regarding offering a specialized Family Law service Armstrong that welcomes you, understands you and shows you empathy in challenging times. Figure out why you can be guaranteed of our commitment to your legal needs.