Accredited Family Law & Divorce Specialists In Brunswick West
We understand family law. Our Family Solicitors Brunswick West have represented numerous family law clients throughout the years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular proficiency in divorce, child custody and property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you get the very best possible outcome. If you are seeking to engage the services of some of the best family legal representatives Brunswick West has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Brunswick West, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are irrelevant. 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 marriage submits the application, or a joint application where both parties file the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and means more than physical separation where there is no likelihood 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 actually not been separated for more than 12 months.
An application can still be made while the parties are living under the same roof or if one has offered the other with some family services. It might be hard to develop that separation has happened in these circumstances and accordingly the Court will require evidence in support of the application.
In addition to the requirements of a duration 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 established, you or your partner has to regard Australia as your home, intend to reside in Brunswick West forever or otherwise have the ability to supply 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 married for less than 2 years, the Court needs 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 arrangements have been produced 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 household, and under the age of 18.
When a Divorce has been approved the Divorce ends up being reliable one month and one day after the Order has been made.
When a Divorce has taken effect, there is just a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this period might be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Brunswick West
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’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 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 Permission Orders. If no agreement can be reached, further negotiations can be organized with the support of solicitor, conciliators and counsellors Brunswick West.
If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need verification 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 procedures.
In parenting matters, a Court needs to relate to the best interests of the child as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the kids have the advantage of both of their parents having a meaningful participation in their lives, to the optimum degree consistent with the very best interest of the child; and
safeguarding the children from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that children get appropriate and appropriate parenting to assist them attain their full potential; and
guaranteeing that parents fulfil their responsibilities, and meet their duties, concerning the care, welfare and development of their children.
There are other aspects that the Court may take into consideration in any particular scenarios.
Why Choose Our Family Lawyers Brunswick West VIC
We are passionate regarding giving a specialty Family Law service Brunswick West that welcomes you, understands you and shows you empathy in challenging times. Find out why you can be assured of our dedication to your legal demands.