Accredited Family Law & Separation Specialists In Timboon
We know family law. Our Family Lawyers Timboon have represented hundreds of family law customers over the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having specific proficiency in divorce, child custody and residential or commercial property division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible result. If you are aiming to engage the services of some of the best family lawyers Timboon has to offer, then look no further. When engaging among our experts, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Timboon, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle 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 irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally 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 submit the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and suggests 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 residing under the exact same roof or if one has actually offered the other with some home services. It may be challenging to establish that separation has actually taken place in these scenarios and accordingly the Court will require proof in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, plan to live in Timboon forever or otherwise be able to provide proof 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 arrangements have been made for 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.
As soon as a Divorce has been granted the Divorce becomes efficient one month and one day after the Order has been made.
When a Divorce has actually taken effect, there is just a 12 month duration in which to submit 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 Timboon
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to go to, take part and make a real effort in fixing any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more settlements can be arranged with the help of solicitor, conciliators and counsellors Timboon.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring 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.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the maximum extent constant with the very best interest of the child; and
safeguarding the children from physical and mental damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that kids receive appropriate and appropriate parenting to assist them achieve their full potential; and
ensuring that moms and dads fulfil their responsibilities, and fulfill 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 particular situations.
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