Accredited Family Law & Separation Specialists In Maddingley
We know family law. Our Family Solicitors Maddingley have represented numerous family law customers for many years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having particular proficiency in divorce, child custody and home division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you obtain the very best possible result. If you are aiming to engage the services of some of the very best family lawyers Maddingley has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Maddingley, the Family Law Act 1975 established 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 accusations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is typically filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and suggests more than physical separation where there is no possibility of reconciliation.
The application can be opposed in circumstances 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 supplied the other with some family services. It might be difficult to develop that separation has occurred in these circumstances and accordingly the Court will need proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, plan to live in Maddingley indefinitely or otherwise have the ability to provide evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been married for less than 2 years, the Court requires 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 need to think about that appropriate plans have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, and under the age of 18.
When a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has actually been made.
As soon as a Divorce has actually taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Maddingley
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the commencement of any Court procedures the parties are needed to attend, get involved and make a real attempt in fixing any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, even more settlements can be arranged with the assistance of lawyer, conciliators and counsellors Maddingley.
If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to relate to the best interests of the kid as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the children have the benefit of both of their parents having a significant involvement in their lives, to the optimum level consistent with the best interest of the kid; and
protecting the children from physical and psychological damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
ensuring that kids get sufficient and proper parenting to assist them accomplish their complete potential; and
guaranteeing that moms and dads fulfil their tasks, and fulfill their duties, concerning the care, welfare and development of their children.
There are other aspects that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Maddingley VIC
We are passionate about offering a specialized Family Law service Maddingley that welcomes you, understands you as well as shows you empathy in hard times. Discover why you can be assured of our dedication to your legal requirements.