Accredited Family Law & Separation Specialists In Willung South
We know family law. Our Family Solicitors Willung South have represented hundreds of family law clients throughout the years and act for mums, dads, grandmothers, grandpas, married 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 particular proficiency in divorce, child custody and property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you get the very best possible outcome. If you are planning to engage the services of some of the very best family solicitors Willung South has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Willung South, the Family Law Act 1975 established 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 adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally submitted 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 just readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and implies more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios 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 supplied the other with some household services. It might be challenging to establish that separation has happened in these circumstances and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to reside in Willung South forever or otherwise be able to supply proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances 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 consider that appropriate arrangements have been produced any child of the marital relationship, 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.
When a Divorce has actually been given the Divorce becomes reliable one month and one day after the Order has actually been made.
When a Divorce has worked, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period may be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Willung South
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are required to attend, participate and make a real attempt in solving any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be organized with the support of solicitor, mediators and counsellors Willung South.
If no contract can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should relate to the best interests of the child as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the children have the advantage of both of their parents having a meaningful participation in their lives, to the optimum level consistent with the best interest of the child; and
safeguarding the children from physical and psychological damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that children receive appropriate and proper parenting to assist them attain their complete potential; and
ensuring that parents fulfil their responsibilities, and fulfill their duties, concerning the care, well-being and advancement of their children.
There are other factors that the Court might take into account in any particular circumstances.
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