Accredited Family Law & Separation Specialists In Trafalgar
We understand family law. Our Family Solicitors Trafalgar have represented numerous family law clients for many years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having specific know-how in divorce, child custody and property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully 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 lawyers Trafalgar has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Trafalgar, 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 allegations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has 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 submits the application, or a joint application where both parties file the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation period is to be a continuous duration and implies 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 actually provided the other with some home services. It might be hard to establish that separation has actually happened in these circumstances and appropriately the Court will require 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, mean to live in Trafalgar indefinitely or otherwise have the ability to supply evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has actually been married 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 need to think about that proper arrangements have actually 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 household, and under the age of 18.
Once a Divorce has actually been granted the Divorce ends up being effective 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 maintenance. An extension to this duration might be granted in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Trafalgar
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are needed to participate in, participate and make a genuine effort in solving any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more settlements can be arranged with the assistance of lawyer, mediators and counsellors Trafalgar.
If no arrangement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have actually tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to relate to 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:
ensuring that the children have the advantage of both of their moms and dads having a significant involvement in their lives, to the optimum degree constant with the very best interest of the kid; and
securing the kids from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that children get adequate and correct parenting to help them accomplish their complete potential; and
making sure that moms and dads fulfil their tasks, and meet their duties, concerning the care, well-being and development of their kids.
There are other aspects that the Court may take into account in any particular scenarios.
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