Accredited Family Law & Separation Specialists In Melbourne Airport
We know family law. Our Family Lawyers Melbourne Airport have represented numerous family law clients for many years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific expertise in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you get the best possible outcome. If you are looking to engage the services of some of the very best family legal representatives Melbourne Airport has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Melbourne Airport, 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 accusations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally submitted 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 submit the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and suggests 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 living under the exact same roof or if one has actually offered the other with some household services. It might be hard to develop that separation has taken place in these situations and appropriately the Court will need proof in assistance 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 resident by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to reside in Melbourne Airport indefinitely 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 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 need to consider that appropriate arrangements have 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 treated as a member of that home, 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 actually been made.
As soon as a Divorce has worked, there is only a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period might be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Melbourne Airport
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 beginning of any Court procedures the parties are needed to attend, participate and make a real effort in fixing any parenting issues at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more settlements can be organized with the support of solicitor, mediators and counsellors Melbourne Airport.
If no arrangement can be reached beyond the court system, an individual may 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 invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to regard the best interests of the child as the critical consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum extent constant with the very best interest of the kid; and
securing the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that kids receive sufficient and correct parenting to assist them achieve their full potential; and
ensuring that moms and dads fulfil their duties, and meet their duties, concerning the care, welfare and advancement of their children.
There are other aspects that the Court may take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Melbourne Airport VIC
We are passionate regarding providing a specialized Family Law service Melbourne Airport that welcomes you, understands you and shows you empathy in difficult times. Figure out why you can be guaranteed of our commitment to your legal needs.