Accredited Family Law & Separation Specialists In Pioneer Bay
We know family law. Our Child Custody Lawyers Pioneer Bay have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmas, grandfathers, 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 knowledge in divorce, child custody and residential or commercial property division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you get the best possible result. If you are wanting to engage the services of some of the very best family solicitors Pioneer Bay has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Pioneer Bay, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests 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 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 period of separation. This 12 month separation duration is to be a continuous duration and means more than physical separation where there is no possibility of reconciliation.
The application can be opposed in situations 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 same roof or if one has actually provided the other with some home services. It may be challenging to establish that separation has actually happened in these scenarios and accordingly the Court will require evidence in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to live in Pioneer Bay forever or otherwise be able to provide evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has 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 need to consider that correct 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 dealt with as a member of that household, and under the age of 18.
Once a Divorce has been given the Divorce becomes effective one month and one day after the Order has been made.
As soon as a Divorce has worked, there is just a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this duration may be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Pioneer Bay
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a child’s life.
Prior to the start of any Court proceedings the parties are needed to go to, get involved and make an authentic effort in resolving any parenting concerns at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be arranged with the support of solicitor, arbitrators and counsellors Pioneer Bay.
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 tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must regard the best interests of the kid as the critical consideration.
Inning accordance with 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 consistent with the best interest of the child; and
securing the children from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
making sure that children get adequate and proper parenting to assist them achieve their full potential; and
guaranteeing that moms and dads satisfy their duties, and satisfy their responsibilities, concerning the care, welfare and development of their children.
There are other elements that the Court might consider in any specific scenarios.
Why Choose Our Child Custody Lawyers Pioneer Bay VIC
We are passionate regarding providing a specialty Family Law service Pioneer Bay that welcomes you, understands you and also shows you empathy in hard times. Learn why you can be guaranteed of our commitment to your legal needs.