Accredited Family Law & Divorce Specialists In Nullawarre North
We know family law. Our Child Custody Solicitors Nullawarre North have represented numerous family law clients throughout the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having particular proficiency in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you obtain the best possible result. If you are wanting to engage the services of a few of the very best family solicitors Nullawarre North has to offer, then look no more. When engaging among our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Nullawarre North, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment 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 submits the application, or a joint application where both parties submit the application together.
An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and suggests more than physical separation where there is no probability of reconciliation.
The application can be opposed in situations where the Court does not have jurisdiction to handle 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 same roof or if one has provided the other with some household services. It may be challenging to establish that separation has happened in these situations and accordingly 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 partner will have to be an Australia citizen 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 Nullawarre North 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 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 have to think about that proper arrangements have 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 treated as a member of that home, 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 been made.
When a Divorce has actually worked, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period might be approved in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Nullawarre North
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the beginning of any Court procedures the parties are needed to attend, participate and make a real attempt in dealing with any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that arrangement 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 lawyer, conciliators and counsellors Nullawarre North.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should relate to the best interests of the child as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the optimum level consistent with the best interest of the kid; and
safeguarding the children from physical and psychological harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
ensuring that children get appropriate and proper parenting to assist them achieve their complete potential; and
guaranteeing that moms and dads satisfy their tasks, and meet their obligations, concerning the care, welfare and advancement of their kids.
There are other elements that the Court may take into consideration in any specific circumstances.
Why Choose Our Child Custody Lawyers Nullawarre North VIC
We are passionate regarding giving a specialized Family Law service Nullawarre North that welcomes you, understands you and also shows you empathy in hard times. Find out why you can be assured of our dedication to your legal demands.