Accredited Family Law & Separation Specialists In Ocean Grove
We know family law. Our Child Custody Lawyers Ocean Grove have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having specific knowledge in divorce, child custody and residential or commercial property division.
We are devoted to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you obtain the best possible result. If you are aiming to engage the services of a few of the best family lawyers Ocean Grove 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 Ocean Grove, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually 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 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 suggests more than physical separation where there is no likelihood 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 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 offered the other with some family services. It might be challenging to develop that separation has happened in these circumstances and appropriately the Court will require proof in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, mean to reside in Ocean Grove forever or otherwise have the ability to offer evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been wed for less than 2 years, the Court requires the parties to participate in 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 correct plans have actually been made for 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 granted the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period may be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Ocean Grove
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court proceedings the parties are needed to attend, participate and make an authentic effort in resolving any parenting concerns at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further negotiations can be arranged with the assistance of solicitor, mediators and counsellors Ocean Grove.
If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to relate to the best interests of the child as the critical consideration.
Inning accordance with section 60B of the Family Law Act 1975, the 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 maximum level constant with the best interest of the kid; and
securing the children from physical and psychological damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that children get adequate and appropriate parenting to assist them accomplish their complete potential; and
making sure that moms and dads fulfil their responsibilities, and fulfill their obligations, concerning the care, welfare and development of their kids.
There are other aspects that the Court may take into account in any specific circumstances.
Why Choose Our Child Custody Lawyers Ocean Grove VIC
We are passionate about offering a specialty Family Law service Ocean Grove that welcomes you, understands you and also shows you empathy in tough times. Find out why you can be assured of our commitment to your legal demands.