Accredited Family Law & Divorce Specialists In Ouyen
We know family law. Our Child Custody Lawyers Ouyen have represented hundreds of family law clients over the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific competence in divorce, child custody and home division.
We are dedicated 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 procedure so that you get the best possible result. If you are wanting to engage the services of a few of the best family legal representatives Ouyen has to offer, then look no more. When engaging among our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Ouyen, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has actually 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 marital relationship submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation period is to be a constant duration and indicates more than physical separation where there is no probability of reconciliation.
The application can be opposed in circumstances where the Court does not have jurisdiction to deal with 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 residing under the very same roof or if one has offered the other with some home services. It may be tough to establish that separation has taken place in these circumstances and appropriately the Court will need 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 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 reside in Ouyen forever or otherwise have the ability to provide proof 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 married 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 consider that appropriate plans have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that household, and under the age of 18.
When a Divorce has been approved the Divorce becomes efficient one month and one day after the Order has been made.
As soon as a Divorce has worked, there is just a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this duration may be given in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Ouyen
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 proceedings the parties are required to participate in, participate and make an authentic attempt in dealing with any parenting concerns 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 arrangement can be formalised through an Application for Permission Orders. If no contract can be reached, further negotiations can be arranged with the help of lawyer, arbitrators and counsellors Ouyen.
If no arrangement can be reached outside of 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 conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should regard the best interests of the kid as the vital consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum level constant with the best interest of the kid; and
securing the children from physical and psychological damage and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that children receive adequate and proper parenting to assist them achieve their complete potential; and
making sure that moms and dads satisfy their responsibilities, and fulfill their duties, concerning the care, welfare and advancement of their kids.
There are other factors that the Court may consider in any specific situations.
Why Choose Our Child Custody Lawyers Ouyen VIC
We are passionate about providing a specialty Family Law service Ouyen that welcomes you, understands you as well as shows you empathy in challenging times. Figure out why you can be guaranteed of our commitment to your legal requirements.