Accredited Family Law & Divorce Specialists In Belgrave South
We understand family law. Our Family Solicitors Belgrave South have represented hundreds of family law clients throughout the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific proficiency in divorce, child custody and residential or commercial property division.
We are committed to helping 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 get the best possible result. If you are aiming to engage the services of some of the best family solicitors Belgrave South has to offer, then look no more. When engaging among our experts, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Belgrave South, the Family Law Act 1975 developed 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 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 marriage 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 period 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 not been separated for more than 12 months.
An application can still be made while the parties are living under the same roof or if one has provided the other with some home services. It may be hard to develop that separation has actually taken place in these situations and appropriately the Court will need evidence 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 person by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to reside in Belgrave South indefinitely or otherwise have the ability to supply evidence that you lived in Australian for at least 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 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 have to think about that proper plans 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 dealt with as a member of that family, and under the age of 18.
Once a Divorce has been given the Divorce becomes reliable one month and one day after the Order has actually been made.
Once a Divorce has worked, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period may be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Belgrave South
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to attend, take part and make a genuine attempt in dealing with any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, further negotiations can be organized with the help of solicitor, mediators and counsellors Belgrave South.
If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should 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 satisfied by:
making sure that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum level consistent with the best interest of the kid; and
securing the kids from physical and mental harm and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that children receive sufficient and proper parenting to help them achieve their complete potential; and
guaranteeing that moms and dads satisfy their duties, and satisfy their responsibilities, concerning the care, well-being and advancement of their children.
There are other aspects that the Court might take into account in any specific situations.
Why Choose Our Family Lawyers Belgrave South VIC
We are passionate about offering a specialty Prenup Belgrave South service that welcomes you, understands you and shows you empathy in tough times. Figure out why you can be guaranteed of our commitment to your legal requirements.