Accredited Family Law & Divorce Specialists In Keilor Downs
We know family law. Our Family Lawyers Keilor Downs have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having specific proficiency in divorce, child custody and home division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you get the best possible result. If you are seeking to engage the services of a few of the best family legal representatives Keilor Downs has to offer, then look no more. When engaging one of our experts, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Keilor Downs, 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 infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is typically submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation duration is to be a constant period and suggests more than physical separation where there is no probability of reconciliation.
The application can be opposed in circumstances 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 offered the other with some household services. It may be tough to develop that separation has happened in these circumstances and appropriately the Court will require 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 need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, plan to reside in Keilor Downs forever or otherwise be able to offer proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been wed 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 appropriate 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 household, and under the age of 18.
Once a Divorce has actually been granted the Divorce becomes reliable one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period might be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Keilor Downs
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the commencement of any Court procedures the parties are required to go to, participate and make an authentic attempt in solving any parenting problems at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be organized with the assistance of solicitor, mediators and counsellors Keilor Downs.
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 need confirmation that the parties have actually tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to concern the very 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 fulfilled by:
guaranteeing that the children have the benefit of both of their parents having a significant participation in their lives, to the optimum level consistent with the very best interest of the child; and
safeguarding the children from physical and mental damage and from going through, or exposed to, abuse, overlook or family violence; and
making sure that kids get appropriate and correct parenting to assist them attain their complete potential; and
making sure that parents satisfy their tasks, and meet their duties, concerning the care, well-being and advancement of their children.
There are other elements that the Court might take into consideration in any specific situations.
Why Choose Our Family Lawyers Keilor Downs VIC
We are passionate about offering a specialized Family Law service Keilor Downs that welcomes you, understands you as well as shows you empathy in hard times. Learn why you can be assured of our commitment to your legal requirements.