Accredited Family Law & Divorce Specialists In Lovely Banks
We understand family law. Our Family Lawyers Lovely Banks have actually represented numerous family law customers over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having specific expertise in divorce, child custody and residential or commercial 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 expertly throughout the Court procedure so that you obtain the very best possible outcome. If you are wanting to engage the services of some of the best family solicitors Lovely Banks has to offer, then look no more. When engaging among our specialists, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Lovely Banks, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are irrelevant. 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 files 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 duration is to be a continuous period and means 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 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 living under the very same roof or if one has supplied the other with some home services. It may be tough to establish that separation has taken place in these situations and accordingly the Court will need 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 have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to live in Lovely Banks forever or otherwise be able to provide 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 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 proper plans have actually been made for any child of the marriage, 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.
As soon as a Divorce has been approved the Divorce ends up being effective one month and one day after the Order has actually been made.
When a Divorce has worked, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Lovely Banks
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 start of any Court procedures the parties are required to go to, get involved and make an authentic effort in dealing with any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no agreement can be reached, further settlements can be organized with the help of solicitor, conciliators and counsellors Lovely Banks.
If no arrangement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must regard the very 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 satisfied by:
guaranteeing that the kids have the benefit of both of their parents having a significant participation in their lives, to the optimum degree consistent with the very best interest of the child; and
safeguarding the kids from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
ensuring that kids get adequate and proper parenting to assist them accomplish their full potential; and
ensuring that moms and dads satisfy their tasks, and fulfill their obligations, concerning the care, well-being and advancement of their kids.
There are other elements that the Court might take into account in any particular situations.
Why Choose Our Family Lawyers Lovely Banks VIC
We are passionate about giving a specialty Family Law service Lovely Banks 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 needs.