Accredited Family Law & Separation Specialists In Mount Martha
We understand family law. Our Family Lawyers Mount Martha have represented numerous family law customers for many years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having particular competence in divorce, child custody and residential or commercial property division.
We are committed 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 best possible outcome. If you are seeking to engage the services of some of the very best family solicitors Mount Martha has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Mount Martha, the Family Law Act 1975 established 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 abandonment are unimportant. The only ground for Divorce is that the marriage has actually 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 submit the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation period is to be a constant duration 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 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 offered the other with some family services. It may be hard to develop that separation has occurred in these situations and accordingly 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 spouse will need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to reside in Mount Martha indefinitely or otherwise be able 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 married for less than 2 years, the Court needs 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 think about that correct plans have actually 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 household, and under the age of 18.
As soon as a Divorce has been granted the Divorce ends up being reliable one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this duration might be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Mount Martha
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court procedures the parties are required to attend, participate and make an authentic attempt in resolving any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Consent Orders. If no contract can be reached, further negotiations can be set up with the help of lawyer, mediators and counsellors Mount Martha.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should regard the very 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 met by:
making sure that the children have the advantage of both of their parents having a significant involvement in their lives, to the optimum degree constant with the best interest of the kid; and
protecting the children from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids receive adequate and appropriate parenting to assist them accomplish their full potential; and
making sure that parents satisfy their duties, and meet their duties, concerning the care, welfare and development of their children.
There are other elements that the Court might consider in any specific circumstances.
Why Choose Our Family Lawyers Mount Martha VIC
We are passionate regarding providing a specialty Family Law service Mount Martha that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be assured of our dedication to your legal requirements.