Accredited Family Law & Divorce Specialists In Ocean Grange
We know family law. Our Child Custody Lawyers Ocean Grange have actually represented numerous family law clients over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having particular knowledge in divorce, child custody and property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible result. If you are planning to engage the services of some of the best family lawyers Ocean Grange has to offer, then look no further. When engaging one of our experts, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Ocean Grange, 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 infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is normally 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 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 constant duration and means 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 residing under the same roof or if one has supplied the other with some family services. It might be challenging to establish that separation has happened in these scenarios and accordingly 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 need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, plan to live in Ocean Grange forever or otherwise have the ability to provide evidence 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 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 proper arrangements have actually 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.
When a Divorce has been approved the Divorce ends up being effective one month and one day after the Order has been made.
Once a Divorce has actually taken effect, there is only a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this duration might be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Ocean Grange
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to participate in, get involved and make a real attempt in fixing any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no contract can be reached, further negotiations can be arranged with the help of solicitor, arbitrators and counsellors Ocean Grange.
If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must concern the best interests of the kid as the vital consideration.
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 benefit of both of their parents having a significant involvement in their lives, to the optimum extent constant with the best interest of the kid; and
securing the kids from physical and psychological harm and from going through, or exposed to, abuse, overlook or family violence; and
ensuring that children receive sufficient and proper parenting to help them achieve their complete potential; and
making sure that moms and dads satisfy their responsibilities, and fulfill their duties, concerning the care, welfare and development of their kids.
There are other aspects that the Court may take into account in any particular circumstances.
Why Choose Our Child Custody Lawyers Ocean Grange VIC
We are passionate about providing a specialized Family Law service Ocean Grange that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be guaranteed of our commitment to your legal demands.