Accredited Family Law & Separation Specialists In Nowa Nowa
We understand family law. Our Child Custody Solicitors Nowa Nowa have represented hundreds of family law clients over the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having particular competence 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 expertly throughout the Court process so that you get the best possible result. If you are seeking to engage the services of a few of the very best family lawyers Nowa Nowa has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Nowa Nowa, 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 infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship 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 marriage 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 period of separation. This 12 month separation duration is to be a continuous duration and indicates more than physical separation where there is no possibility of reconciliation.
The application can be opposed in circumstances where the Court does not have jurisdiction to handle 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 exact same roof or if one has actually provided the other with some household services. It may be difficult to establish that separation has actually taken place in these situations and accordingly the Court will require evidence 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, mean to reside in Nowa Nowa forever or otherwise be able to supply evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has 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 think about that appropriate plans have actually 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 treated as a member of that home, and under the age of 18.
As soon as a Divorce has actually been granted the Divorce becomes effective one month and one day after the Order has been made.
Once a Divorce has worked, there is only a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period may be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Nowa Nowa
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a child’s life.
Prior to the commencement of any Court procedures the parties are required to go to, get involved and make a real attempt in resolving any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be set up with the assistance of lawyer, arbitrators and counsellors Nowa Nowa.
If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have tried a dispute 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 best interests of the kid as the vital factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the kids have the benefit of both of their parents having a significant involvement in their lives, to the optimum extent constant with the very best interest of the child; and
safeguarding the kids from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that children get adequate and proper parenting to assist them accomplish their full potential; and
making sure that moms and dads satisfy their duties, and satisfy their obligations, concerning the care, well-being and advancement of their kids.
There are other aspects that the Court might take into account in any specific circumstances.
Why Choose Our Child Custody Lawyers Nowa Nowa VIC
We are passionate about giving a specialized Family Law service Nowa Nowa that welcomes you, understands you as well as shows you empathy in challenging times. Learn why you can be assured of our commitment to your legal demands.