Accredited Family Law & Separation Specialists In Mundoona
We know family law. Our Family Solicitors Mundoona have represented numerous family law customers throughout the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having particular knowledge in divorce, child custody and home division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you get the very best possible result. If you are aiming to engage the services of a few of the best family legal representatives Mundoona has to offer, then look no more. When engaging among our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Mundoona, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is typically filed 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 only available after a 12 month period of separation. This 12 month separation period is to be a constant duration and indicates more than physical separation where there is no possibility 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 actually not been separated for more than 12 months.
An application can still be made while the parties are residing under the exact same roof or if one has actually provided the other with some household services. It may be challenging to develop that separation has actually taken place in these situations 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 partner will need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to live in Mundoona indefinitely or otherwise be able to supply proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually 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 need 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 actually or was adopted or who is treated as a member of that household, and under the age of 18.
When a Divorce has been approved the Divorce becomes effective one month and one day after the Order has actually been made.
When a Divorce has worked, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration might be given in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Mundoona
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are needed to attend, participate and make an authentic attempt in solving any parenting concerns at a household dispute resolution conference. Following conclusion 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 arrangement can be reached, even more negotiations can be organized with the assistance of lawyer, arbitrators and counsellors Mundoona.
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 need verification 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 beginning of Court procedures.
In parenting matters, a Court needs to regard the very best interests of the child as the paramount consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
making sure that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum degree consistent with the very best interest of the child; and
protecting the children from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that children receive appropriate and appropriate parenting to help them attain their full potential; and
making sure that parents fulfil their responsibilities, and fulfill their obligations, concerning the care, well-being and advancement of their kids.
There are other aspects that the Court might consider in any particular scenarios.
Why Choose Our Family Lawyers Mundoona VIC
We are passionate regarding giving a specialty Family Law service Mundoona that welcomes you, understands you and shows you empathy in challenging times. Discover why you can be assured of our dedication to your legal requirements.