Accredited Family Law & Divorce Specialists In Mentone
We understand family law. Our Family Solicitors Mentone have actually represented numerous family law customers over the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having particular competence 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 possible, then we will represent you expertly throughout the Court process so that you acquire the very best possible result. If you are wanting to engage the services of a few of the best family solicitors Mentone has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Mentone, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally 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 file 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 duration and suggests 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 residing under the same roof or if one has actually offered the other with some family services. It might be hard to develop that separation has actually occurred in these circumstances and appropriately the Court will require proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, plan to live in Mentone indefinitely or otherwise have the ability to supply evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has actually been wed 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 consider that proper arrangements 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 treated as a member of that household, and under the age of 18.
As soon as a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has been made.
Once a Divorce has actually taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period might be granted in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Mentone
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 start of any Court proceedings the parties are required to participate in, get involved and make an authentic attempt in fixing any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, further settlements can be arranged with the help of lawyer, conciliators and counsellors Mentone.
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 require confirmation that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should concern the very best interests of the child as the critical factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the advantage of both of their moms and dads having a meaningful participation in their lives, to the maximum level constant with the very best interest of the kid; and
securing the children from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and
guaranteeing that children receive adequate and proper parenting to help them accomplish their full potential; and
ensuring that moms and dads fulfil their duties, and satisfy their obligations, concerning the care, well-being and advancement of their kids.
There are other aspects that the Court might consider in any particular situations.
Why Choose Our Family Lawyers Mentone VIC
We are passionate regarding providing a specialized Family Law service Mentone that welcomes you, understands you and also shows you empathy in hard times. Figure out why you can be guaranteed of our dedication to your legal requirements.