Accredited Family Law & Separation Specialists In Arnold West
We know family law. Our Family Solicitors Arnold West have represented numerous family law customers over the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific competence in divorce, child custody and home division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you get the best possible outcome. If you are looking to engage the services of some of the best family legal representatives Arnold West has to offer, then look no further. When engaging among our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Arnold West, the Family Law Act 1975 established 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 infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally submitted 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 file the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation duration 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 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 exact same roof or if one has offered the other with some home services. It may be tough to develop that separation has occurred in these circumstances and appropriately the Court will need evidence in assistance 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, plan to live in Arnold West indefinitely or otherwise be able to supply 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 been wed 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 proper plans have actually been produced any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that home, and under the age of 18.
Once a Divorce has been given the Divorce becomes reliable one month and one day after the Order has actually been made.
When a Divorce has worked, there is just a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this duration may be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Arnold West
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 beginning of any Court proceedings the parties are needed to participate in, participate and make a real attempt in solving any parenting problems at a family dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be arranged with the assistance of lawyer, arbitrators and counsellors Arnold West.
If no contract can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted 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 should relate to the best interests of the child as the paramount consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the children have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum extent consistent with the very best interest of the child; and
safeguarding the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that kids receive sufficient and correct parenting to assist them accomplish their complete potential; and
ensuring that parents fulfil their tasks, and fulfill their obligations, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court might take into account in any particular scenarios.
Why Choose Our Family Lawyers Arnold West VIC
We are passionate about providing a specialty Family Law service Arnold West that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal needs.