Accredited Family Law & Divorce Specialists In Belgrave Heights
We understand family law. Our Family Lawyers Belgrave Heights have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmas, grandfathers, 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 property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you obtain the very best possible outcome. If you are seeking to engage the services of a few of the best family solicitors Belgrave Heights has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Belgrave Heights, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates 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 actually broken down irretrievably.
Any application for Divorce is normally 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 submit the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation period is to be a continuous duration and suggests more than physical separation where there is no possibility of reconciliation.
The application can be opposed in situations where the Court does not have jurisdiction to handle 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 provided the other with some household services. It might be challenging to develop that separation has taken place in these situations and accordingly 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 spouse will need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to reside in Belgrave Heights indefinitely or otherwise have the ability to offer proof that you lived in Australian for at least 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 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 consider that proper arrangements have 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 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 reliable one month and one day after the Order has been made.
When a Divorce has worked, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this duration might be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Belgrave Heights
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 start of any Court proceedings the parties are needed to go to, participate and make an authentic attempt in solving any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be organized with the help of lawyer, mediators and counsellors Belgrave Heights.
If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should regard the very best interests of the child as the paramount consideration.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the kids have the advantage of both of their parents having a meaningful participation in their lives, to the optimum level consistent with the very best interest of the child; and
securing the kids from physical and mental damage and from going through, or exposed to, abuse, overlook or family violence; and
making sure that kids get sufficient and correct parenting to help them attain their full potential; and
ensuring that moms and dads satisfy their tasks, and fulfill their obligations, concerning the care, welfare and advancement of their kids.
There are other factors that the Court may consider in any specific scenarios.
Why Choose Our Family Lawyers Belgrave Heights VIC
We are passionate regarding giving a specialized Family Law service Belgrave Heights that welcomes you, understands you and shows you empathy in difficult times. Discover why you can be guaranteed of our commitment to your legal demands.