Accredited Family Law & Divorce Specialists In Pound Creek
We understand family law. Our Child Custody Solicitors Pound Creek have actually represented hundreds of family law customers for many years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having specific proficiency in divorce, child custody and property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you get the best possible result. If you are seeking to engage the services of a few of the best family legal representatives Pound Creek has to offer, then look no further. When engaging among our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Pound Creek, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies 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 generally 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 just readily available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and indicates 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 handle 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 offered the other with some household services. It may be difficult to establish that separation has actually taken place 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 partner will need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, plan to reside in Pound Creek forever or otherwise be able to offer proof that you resided 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 attend 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 think about that proper plans have actually been made for 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 family, and under the age of 18.
As soon as a Divorce has actually been given the Divorce ends up being reliable one month and one day after the Order has been made.
Once a Divorce has taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this duration may be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Pound Creek
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the beginning of any Court proceedings the parties are required to attend, participate and make an authentic effort in dealing with any parenting concerns at a household conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more negotiations can be organized with the help of lawyer, conciliators and counsellors Pound Creek.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to regard the very best interests of the child as the paramount consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the children have the advantage of both of their parents having a meaningful participation in their lives, to the optimum degree constant with the best interest of the child; and
securing the kids from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that children get sufficient and appropriate parenting to help them accomplish their full potential; and
making sure that parents satisfy their tasks, and fulfill their duties, concerning the care, welfare and development of their children.
There are other elements that the Court might consider in any particular circumstances.
Why Choose Our Child Custody Lawyers Pound Creek VIC
We are passionate about giving a specialized Family Law service Pound Creek that welcomes you, understands you and shows you empathy in hard times. Figure out why you can be guaranteed of our commitment to your legal needs.