Accredited Family Law & Separation Specialists In Mena Park
We understand family law. Our Family Solicitors Mena Park have represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having particular knowledge in divorce, child custody and residential or commercial property division.
We are devoted 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 procedure so that you obtain the best possible outcome. If you are planning to engage the services of some of the best family solicitors Mena Park has to offer, then look no further. When engaging among our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Mena Park, 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 allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is usually 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 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 continuous duration and indicates more than physical separation where there is no likelihood 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 living under the very same roof or if one has provided the other with some household services. It may be challenging to establish that separation has actually occurred in these circumstances and accordingly the Court will require proof 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 partner needs to regard Australia as your home, mean to live in Mena Park forever or otherwise have the ability to provide evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has been wed for less than 2 years, the Court requires 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 think about that correct plans have been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that household, and under the age of 18.
As soon as a Divorce has been given the Divorce becomes effective one month and one day after the Order has been made.
Once a Divorce has taken effect, there is only a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration might be approved in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Mena Park
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the start of any Court procedures the parties are needed to go to, get involved and make an authentic effort in dealing with any parenting problems at a family dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Permission Orders. If no contract can be reached, even more negotiations can be set up with the assistance of solicitor, mediators and counsellors Mena Park.
If no arrangement can be reached outside of the court system, an individual may 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 receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must relate to the best interests of the kid as the vital consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the children have the benefit of both of their parents having a significant participation in their lives, to the maximum level consistent with the best interest of the child; and
safeguarding the kids from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that children get adequate and correct parenting to help them achieve their full potential; and
guaranteeing that parents satisfy their responsibilities, and meet their responsibilities, concerning the care, well-being and development of their children.
There are other factors that the Court might consider in any particular situations.
Why Choose Our Family Lawyers Mena Park VIC
We are passionate about giving a specialty Family Law service Mena Park that welcomes you, understands you as well as shows you empathy in tough times. Figure out why you can be guaranteed of our dedication to your legal requirements.