Accredited Family Law & Divorce Specialists In Pigeon Ponds
We know family law. Our Child Custody Lawyers Pigeon Ponds have actually represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having particular expertise in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you obtain the best possible result. If you are wanting to engage the services of some of the best family solicitors Pigeon Ponds has to offer, then look no further. When engaging one of our experts, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Pigeon Ponds, 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 allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is typically 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 just offered after a 12 month period of separation. This 12 month separation period is to be a continuous period and suggests more than physical separation where there is no possibility of reconciliation.
The application can be opposed in scenarios 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 same roof or if one has supplied the other with some family services. It may be difficult to develop that separation has actually occurred 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 have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to reside in Pigeon Ponds indefinitely or otherwise be able to supply evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has actually 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 need to consider that appropriate plans have 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 treated as a member of that home, and under the age of 18.
Once a Divorce has actually been granted the Divorce becomes effective one month and one day after the Order has been made.
When a Divorce has actually taken effect, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration might be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Pigeon Ponds
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 kid’s life.
Prior to the beginning of any Court procedures the parties are needed to go to, participate and make a real effort in fixing any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be set up with the assistance of solicitor, arbitrators and counsellors Pigeon Ponds.
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 require confirmation that the parties have actually tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must relate to the very best interests of the child as the critical consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the kids have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum level consistent with the best interest of the child; and
protecting the children from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that kids get appropriate and proper parenting to help them attain their full potential; and
guaranteeing that parents satisfy their responsibilities, and fulfill their duties, concerning the care, welfare and advancement of their kids.
There are other factors that the Court may take into consideration in any specific situations.
Why Choose Our Child Custody Lawyers Pigeon Ponds VIC
We are passionate regarding giving a specialized Family Law service Pigeon Ponds that welcomes you, understands you as well as shows you empathy in difficult times. Learn why you can be assured of our dedication to your legal requirements.