Accredited Family Law & Separation Specialists In Mornington
We know family law. Our Family Lawyers Mornington have actually 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 lawyers can represent you in all aspects of family law, having particular know-how in divorce, child custody and residential or commercial property 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 skillfully throughout the Court process so that you acquire the very best possible outcome. If you are seeking to engage the services of a few of the best family solicitors Mornington has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Mornington, 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 adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has 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 marital relationship 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 continuous period and indicates more than physical separation where there is no likelihood 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 actually not been separated for more than 12 months.
An application can still be made while the parties are residing under the very same roof or if one has actually supplied the other with some household services. It might be hard to establish that separation has occurred in these scenarios 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 resident 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 Mornington forever or otherwise be able to supply proof 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 wed 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 correct arrangements have been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that home, and under the age of 18.
Once a Divorce has been granted the Divorce becomes effective one month and one day after the Order has been made.
When a Divorce has taken effect, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration might be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Mornington
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual 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 fixing any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no contract can be reached, even more settlements can be set up with the assistance of lawyer, conciliators and counsellors Mornington.
If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should concern the best interests of the kid as the critical consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the maximum degree constant with the best interest of the child; and
safeguarding the children from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that kids receive adequate and correct parenting to assist them attain their complete potential; and
ensuring that moms and dads fulfil their responsibilities, and satisfy their obligations, concerning the care, welfare and advancement of their children.
There are other elements that the Court may consider in any particular circumstances.
Why Choose Our Family Lawyers Mornington VIC
We are passionate about giving a specialty Family Law service Mornington that welcomes you, understands you as well as shows you empathy in hard times. Learn why you can be assured of our commitment to your legal demands.