Accredited Family Law & Divorce Specialists In Westmeadows
We understand family law. Our Family Lawyers Westmeadows have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having particular expertise in divorce, child custody and home 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 expertly throughout the Court procedure so that you acquire the very best possible result. If you are planning to engage the services of some of the best family solicitors Westmeadows has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Westmeadows, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is usually filed 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 offered after a 12 month duration of separation. This 12 month separation duration 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 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 very same roof or if one has actually provided the other with some household services. It may be tough to establish that separation has happened in these scenarios and appropriately the Court will need evidence in assistance 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 resident by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to reside in Westmeadows forever or otherwise have the ability 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 actually been married for less than 2 years, the Court needs 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 consider that correct arrangements have been produced 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 household, and under the age of 18.
As soon as a Divorce has actually been given the Divorce becomes reliable one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is just a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this period may be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Westmeadows
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 start of any Court proceedings the parties are required to participate in, take part and make a real effort in solving any parenting problems at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, even more settlements can be organized with the help of solicitor, mediators and counsellors Westmeadows.
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 confirmation that the parties have actually attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should concern the best interests of the child as the critical consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum level consistent with the best interest of the kid; and
securing the children from physical and mental damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive adequate and appropriate parenting to assist them accomplish their full potential; and
making sure that moms and dads satisfy their responsibilities, and meet their duties, concerning the care, welfare and development of their kids.
There are other aspects that the Court may take into account in any specific scenarios.
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