Accredited Family Law & Separation Specialists In Strathbogie
We understand family law. Our Family Lawyers Strathbogie have represented numerous family law customers over the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having specific know-how in divorce, child custody and property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you obtain the very best possible outcome. If you are looking to engage the services of a few of the very best family lawyers Strathbogie has to offer, then look no further. When engaging among our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Strathbogie, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has 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 marital relationship files the application, or a joint application where both parties submit the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and suggests more than physical separation where there is no probability 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 actually not been separated for more than 12 months.
An application can still be made while the parties are living under the exact same roof or if one has supplied the other with some household services. It may be hard to establish that separation has happened in these scenarios and appropriately the Court will need 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 citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, mean to live in Strathbogie indefinitely or otherwise be able to provide 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 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 proper arrangements have been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that home, and under the age of 18.
As soon as a Divorce has actually been approved the Divorce becomes effective 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 given in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Strathbogie
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 commencement of any Court proceedings the parties are needed to participate in, get involved and make an authentic attempt in dealing with any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no agreement can be reached, further negotiations can be organized with the support of lawyer, arbitrators and counsellors Strathbogie.
If no contract 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 conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court should concern the very best interests of the kid as the vital factor to consider.
Inning accordance with 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 advantage of both of their moms and dads having a significant participation in their lives, to the optimum degree consistent with the very best interest of the kid; and
protecting the kids from physical and mental damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
making sure that kids receive sufficient and proper parenting to assist them attain their complete potential; and
guaranteeing that parents fulfil their tasks, and fulfill their responsibilities, concerning the care, well-being and advancement of their kids.
There are other factors that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Strathbogie VIC
We are passionate regarding offering a specialized Family Law service Strathbogie that welcomes you, understands you and shows you empathy in challenging times. Figure out why you can be assured of our dedication to your legal needs.