Accredited Family Law & Separation Specialists In Paraparap
We understand family law. Our Child Custody Lawyers Paraparap have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmas, grandpas, married 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 know-how in divorce, child custody and residential or commercial property division.
We are devoted 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 procedure so that you obtain the very best possible outcome. If you are wanting to engage the services of some of the very best family lawyers Paraparap has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Paraparap, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or abandonment are irrelevant. 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 marriage submits the application, or a joint application where both parties file 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 suggests more than physical separation where there is no likelihood 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 living under the exact same roof or if one has actually supplied the other with some household services. It may be difficult to develop that separation has happened in these situations and appropriately 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, plan to reside in Paraparap indefinitely or otherwise be able to offer 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 married for less than 2 years, the Court requires 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 plans have been produced any child of the marital relationship, or a child from another relationship, or a child who has actually 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 actually been granted the Divorce ends up being efficient one month and one day after the Order has actually been made.
Once a Divorce has worked, there is only a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this duration might be given in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Paraparap
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are needed to attend, take part and make an authentic attempt in dealing with any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no contract can be reached, further negotiations can be set up with the help of solicitor, conciliators and counsellors Paraparap.
If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should relate to the best interests of the kid as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the children have the advantage of both of their parents having a significant participation in their lives, to the optimum level consistent with the best interest of the kid; and
securing the kids from physical and mental damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that kids receive adequate and appropriate parenting to assist them attain their complete potential; and
guaranteeing that moms and dads satisfy their duties, and meet their responsibilities, concerning the care, well-being and development of their kids.
There are other factors that the Court may take into consideration in any specific situations.
Why Choose Our Child Custody Lawyers Paraparap VIC
We are passionate about providing a specialized Family Law service Paraparap that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal needs.