Accredited Family Law & Separation Specialists In Pipers Creek
We know family law. Our Child Custody Lawyers Pipers Creek have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having particular knowledge in divorce, child custody and residential or commercial property division.
We are devoted to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you obtain the best possible result. If you are aiming to engage the services of a few of the very best family solicitors Pipers Creek has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Pipers Creek, the Family Law Act 1975 developed 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 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 only available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and suggests 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 actually not been separated for more than 12 months.
An application can still be made while the parties are living under the very same roof or if one has provided the other with some family services. It might be difficult to develop that separation has happened in these scenarios and accordingly the Court will need proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, mean to reside in Pipers Creek forever or otherwise be able to provide proof that you resided 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 correct plans have actually been made for any child of the marriage, 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 actually been given the Divorce becomes efficient one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period may be given in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Pipers Creek
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court procedures the parties are required to participate in, get involved and make a real attempt in resolving any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, further negotiations can be set up with the support of solicitor, arbitrators and counsellors Pipers Creek.
If no agreement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require verification 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 must regard the very best interests of the child 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 met by:
ensuring that the children have the benefit of both of their parents having a significant involvement in their lives, to the optimum extent constant with the very best interest of the child; and
safeguarding the kids from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and
making sure that kids receive adequate and appropriate parenting to assist them accomplish their complete potential; and
guaranteeing that moms and dads fulfil their duties, and fulfill their responsibilities, concerning the care, well-being and advancement of their children.
There are other elements that the Court might consider in any particular circumstances.
Why Choose Our Child Custody Lawyers Pipers Creek VIC
We are passionate regarding offering a specialized Family Law service Pipers Creek that welcomes you, understands you and shows you empathy in tough times. Discover why you can be guaranteed of our dedication to your legal needs.