Accredited Family Law & Divorce Specialists In Merricks North
We know family law. Our Family Lawyers Merricks North have represented hundreds of family law customers over the years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having specific competence in divorce, child custody and property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you acquire the best possible outcome. If you are looking to engage the services of a few of the best family solicitors Merricks North 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 marriage.
In Merricks North, 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 abandonment are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is typically submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties file the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation period 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 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 living under the very same roof or if one has actually offered the other with some household services. It may be difficult to develop that separation has actually happened in these circumstances and appropriately the Court will need proof in assistance of the application.
In addition to the requirements of a period 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 has to regard Australia as your home, plan to reside in Merricks North forever or otherwise be able to provide evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been married 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 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 actually or was adopted or who is dealt with as a member of that home, and under the age of 18.
When a Divorce has been given the Divorce ends up being reliable one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Merricks North
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are required to participate in, take part and make a real attempt in fixing any parenting issues at a household conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be arranged with the help of lawyer, conciliators and counsellors Merricks North.
If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should regard the very best interests of the kid as the vital consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum extent consistent with the very best interest of the child; and
securing the kids from physical and mental damage and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids receive adequate and appropriate parenting to help them attain their complete potential; and
guaranteeing that parents fulfil their responsibilities, and satisfy their responsibilities, concerning the care, well-being and advancement of their children.
There are other factors that the Court may take into consideration in any specific circumstances.
Why Choose Our Family Lawyers Merricks North VIC
We are passionate regarding giving a specialty Family Law service Merricks North that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be assured of our dedication to your legal demands.