Accredited Family Law & Separation Specialists In Longford
We understand family law. Our Family Lawyers Longford have actually represented numerous family law clients throughout the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having particular knowledge in divorce, child custody and property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully 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 very best family solicitors Longford has to offer, then look no further. When engaging one of our experts, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Longford, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. 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 only readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and implies more than physical separation where there is no probability 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 very same roof or if one has actually supplied the other with some home services. It may be hard to establish that separation has actually occurred in these circumstances and appropriately the Court will require proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, mean to reside in Longford forever or otherwise have the ability to offer evidence that you lived in Australian for a minimum of 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 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 have to consider 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 household, and under the age of 18.
When a Divorce has actually been approved the Divorce ends up being reliable one month and one day after the Order has actually 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 may be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Longford
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 start of any Court procedures the parties are needed to attend, take part and make a genuine attempt in resolving any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, further negotiations can be arranged with the support of solicitor, conciliators and counsellors Longford.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to regard the best interests of the child as the critical factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the kids have the advantage of both of their parents having a significant involvement in their lives, to the maximum extent consistent with the very best interest of the child; and
securing the children from physical and psychological harm and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that kids receive adequate and appropriate parenting to help them attain their complete potential; and
guaranteeing that moms and dads fulfil their tasks, and meet their obligations, concerning the care, well-being and development of their kids.
There are other factors that the Court might consider in any particular scenarios.
Why Choose Our Family Lawyers Longford VIC
We are passionate regarding providing a specialized Family Law service Longford that welcomes you, understands you as well as shows you empathy in tough times. Learn why you can be guaranteed of our dedication to your legal needs.