Accredited Family Law & Divorce Specialists In Long Forest
We understand family law. Our Family Solicitors Long Forest have represented hundreds of family law customers for many years and act for mums, fathers, grandmothers, grandfathers, 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 specific competence in divorce, child custody and residential or commercial property division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you acquire the best possible outcome. If you are looking to engage the services of a few of the best family solicitors Long Forest has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Long Forest, the Family Law Act 1975 developed 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 actually 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 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 duration is to be a constant duration and means more than physical separation where there is no likelihood 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 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 supplied the other with some home services. It might be difficult to establish that separation has happened in these circumstances and appropriately 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 spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, plan to live in Long Forest indefinitely or otherwise have the ability to offer proof that you resided 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 needs 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 have to think about that correct arrangements have been produced any child of the marriage, 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.
As soon as a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period may be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Long Forest
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are needed to attend, participate and make an authentic attempt in resolving any parenting issues at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no contract can be reached, even more settlements can be arranged with the support of lawyer, mediators and counsellors Long Forest.
If no contract can be reached outside of 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 tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must regard the best interests of the child as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the children have the advantage of both of their parents having a significant participation in their lives, to the optimum degree constant with the very best interest of the kid; and
securing the kids from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and
making sure that children receive appropriate and proper parenting to help them attain their complete potential; and
ensuring that parents fulfil their responsibilities, and fulfill their responsibilities, concerning the care, welfare and development of their children.
There are other elements that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Long Forest VIC
We are passionate about providing a specialty Family Law service Long Forest that welcomes you, understands you as well as shows you empathy in hard times. Figure out why you can be assured of our commitment to your legal demands.