Accredited Family Law & Separation Specialists In Longerenong
We understand family law. Our Family Solicitors Longerenong have represented numerous family law clients throughout the 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 particular expertise in divorce, child custody and property division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you obtain the best possible outcome. If you are wanting to engage the services of a few of the best family solicitors Longerenong has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Longerenong, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is usually 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 submit the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and implies 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 not been separated for more than 12 months.
An application can still be made while the parties are residing under the exact same roof or if one has actually provided the other with some family services. It may be difficult to develop that separation has occurred in these situations and accordingly the Court will require proof in support 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 resident by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, plan to live in Longerenong forever or otherwise have the ability to supply proof that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has actually been married 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 have to consider that correct plans 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 treated as a member of that household, and under the age of 18.
When a Divorce has actually been granted the Divorce ends up being efficient one month and one day after the Order has been made.
Once a Divorce has worked, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration may be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Longerenong
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 commencement of any Court procedures the parties are needed to go to, participate and make a genuine effort in dealing with any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more negotiations can be arranged with the help of lawyer, arbitrators and counsellors Longerenong.
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 require verification that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must concern the best interests of the kid as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the kids have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum level consistent with the very best interest of the child; and
protecting the kids from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and
making sure that children get sufficient and correct parenting to assist them accomplish their full potential; and
guaranteeing that parents satisfy their tasks, and fulfill their obligations, concerning the care, well-being and development of their children.
There are other aspects that the Court may take into account in any specific scenarios.
Why Choose Our Family Lawyers Longerenong VIC
We are passionate about offering a specialized Family Law service Longerenong that welcomes you, understands you and also shows you empathy in hard times. Discover why you can be guaranteed of our dedication to your legal needs.