Accredited Family Law & Separation Specialists In Ozenkadnook
We understand family law. Our Child Custody Solicitors Ozenkadnook have actually represented hundreds of family law customers over the years and act for mums, dads, grandmothers, grandfathers, married 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 specific know-how 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 attainable, then we will represent you skillfully throughout the Court process so that you acquire the very best possible result. If you are aiming to engage the services of a few of the very best family legal representatives Ozenkadnook has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Ozenkadnook, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, 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 submitted 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 file the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and means 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 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 very same roof or if one has provided the other with some household services. It may be tough to establish that separation has actually occurred in these scenarios and accordingly the Court will require proof in assistance 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 developed, you or your spouse needs to regard Australia as your home, mean to live in Ozenkadnook forever or otherwise be able to provide proof 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 needs 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 need to consider that appropriate 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 dealt with as a member of that household, and under the age of 18.
As soon as a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this period might be approved in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Ozenkadnook
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the start of any Court proceedings the parties are needed to participate in, get involved and make a genuine effort in resolving any parenting problems at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be set up with the help of solicitor, arbitrators and counsellors Ozenkadnook.
If no contract can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should relate to the best interests of the child as the critical factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum extent constant with the best interest of the kid; and
protecting the children from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive adequate and appropriate parenting to help them attain their full potential; and
guaranteeing that moms and dads fulfil their tasks, and meet their obligations, concerning the care, welfare and development of their children.
There are other elements that the Court may take into account in any particular situations.
Why Choose Our Child Custody Lawyers Ozenkadnook VIC
We are passionate about offering a specialty Family Law service Ozenkadnook that welcomes you, understands you and shows you empathy in challenging times. Find out why you can be guaranteed of our dedication to your legal demands.