Accredited Family Law & Separation Specialists In Porcupine Ridge
We understand family law. Our Child Custody Lawyers Porcupine Ridge have represented numerous family law clients throughout the years and act for mums, dads, grandmas, grandfathers, married 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 particular knowledge in divorce, child custody and home division.
We are devoted 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 process so that you get the best possible outcome. If you are aiming to engage the services of some of the best family lawyers Porcupine Ridge has to offer, then look no more. When engaging one of our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Porcupine Ridge, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are unimportant. 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 marital relationship 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 period 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 scenarios 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 actually supplied the other with some home services. It may be challenging to establish that separation has actually occurred in these scenarios and accordingly the Court will require proof in support 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 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 Porcupine Ridge forever or otherwise be able to supply evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been wed 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 consider that correct arrangements 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 family, and under the age of 18.
Once a Divorce has been given the Divorce ends up being effective one month and one day after the Order has been made.
When a Divorce has taken effect, there is just a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this duration may be given in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Porcupine Ridge
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the beginning of any Court procedures the parties are required to attend, take part and make an authentic attempt in fixing any parenting problems at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more negotiations can be organized with the assistance of lawyer, arbitrators and counsellors Porcupine Ridge.
If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to relate to the very best interests of the child as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:
guaranteeing that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum extent consistent with the best interest of the kid; and
securing the kids from physical and psychological harm and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that kids receive appropriate and correct parenting to assist them attain their full potential; and
ensuring that moms and dads fulfil their tasks, and satisfy their responsibilities, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court may take into account in any particular circumstances.
Why Choose Our Child Custody Lawyers Porcupine Ridge VIC
We are passionate about giving a specialized Family Law service Porcupine Ridge that welcomes you, understands you and shows you empathy in difficult times. Find out why you can be guaranteed of our commitment to your legal needs.