Accredited Family Law & Divorce Specialists In Massey
We know family law. Our Family Solicitors Massey have represented numerous family law clients over the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular know-how in divorce, child custody and property division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you obtain the very best possible outcome. If you are seeking to engage the services of a few of the best family legal representatives Massey has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Massey, the Family Law Act 1975 established 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 adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship 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 marriage files the application, or a joint application where both parties file 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 constant duration 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 actually not been separated for more than 12 months.
An application can still be made while the parties are residing under the same roof or if one has actually offered the other with some household services. It may be challenging to develop that separation has happened in these circumstances and accordingly the Court will require evidence in support 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to live in Massey forever or otherwise have the ability to supply 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 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 have to consider that appropriate arrangements have 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 given the Divorce becomes effective one month and one day after the Order has been made.
Once a Divorce has actually worked, there is just a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this duration might be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Massey
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 start of any Court proceedings the parties are required to participate in, get involved and make an authentic effort in fixing any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no contract can be reached, even more negotiations can be arranged with the assistance of solicitor, mediators and counsellors Massey.
If no contract can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to regard the best interests of the child as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the kids have the advantage of both of their moms and dads having a meaningful participation in their lives, to the maximum extent consistent with the very best interest of the child; and
protecting the kids from physical and mental damage and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that children get adequate and proper parenting to assist them accomplish their complete potential; and
making sure that moms and dads satisfy their duties, and satisfy their responsibilities, concerning the care, well-being and advancement of their children.
There are other elements that the Court may take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Massey VIC
We are passionate regarding offering a specialty Family Law service Massey that welcomes you, understands you and also shows you empathy in challenging times. Discover why you can be guaranteed of our commitment to your legal demands.