Accredited Family Law & Separation Specialists Near Tooborac 3522
We understand family law. Our Family Lawyers Tooborac have actually represented hundreds of family law clients for many years and act for mums, dads, grandmas, grandfathers, 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 competence in divorce, child custody and residential or commercial property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you get the very best possible result. If you are wanting to engage the services of some of the very best family legal representatives Tooborac has to offer, then look no further. When engaging among our specialists, you can rest assured you have the best on your side.
What Is The Process For Divorce In VIC
A Divorce is the legal dissolution of a marital relationship.
In Tooborac, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is generally 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 file 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 period and suggests 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 not been separated for more than 12 months.
An application can still be made while the parties are residing under the same roof or if one has provided the other with some family services. It may be hard to establish that separation has taken place in these situations and appropriately the Court will require evidence in support of the application.
In addition to the requirements of a period 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 developed, you or your spouse needs to regard Australia as your home, plan to reside in Tooborac forever or otherwise have the ability to supply evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually been wed for less than 2 years, the Court needs 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 proper plans have actually 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 dealt with as a member of that family, and under the age of 18.
Once a Divorce has been approved the Divorce becomes efficient one month and one day after the Order has actually been made.
As soon as a Divorce has actually worked, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration might be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Order Requirements In Tooborac VIC
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 kid’s life.
Prior to the beginning of any Court proceedings the parties are required to go to, get involved and make a real attempt in resolving any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be set up with the assistance of solicitor, conciliators and counsellors Tooborac.
If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to regard the very best interests of the child as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum extent constant with the best interest of the child; and
safeguarding the kids from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that children receive sufficient and appropriate parenting to assist them accomplish their full potential; and
making sure that parents fulfil their duties, and meet their obligations, concerning the care, welfare and development of their children.
There are other factors that the Court may consider in any specific situations.
Why Choose Our Family Lawyers Near Tooborac VIC
We are passionate regarding providing a specialized Family Law service Tooborac that welcomes you, understands you and also shows you empathy in difficult times. Figure out why you can be assured of our dedication to your legal demands.