Accredited Family Law & Divorce Specialists In Quandong
We know family law. Our Child Custody Lawyers Quandong have actually represented numerous 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 solicitors can represent you in all aspects of family law, having particular expertise 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 achievable, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible result. If you are wanting to engage the services of some of the best family legal representatives Quandong has to offer, then look no more. When engaging among our professionals, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Quandong, 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 adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is generally submitted 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 available after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and implies 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 same roof or if one has actually offered the other with some home services. It might be difficult to establish that separation has actually occurred in these circumstances and appropriately the Court will need proof in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to live in Quandong forever or otherwise be able to supply proof that you lived 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 needs 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 think about that appropriate 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 treated as a member of that family, and under the age of 18.
As soon as a Divorce has been given the Divorce ends up being reliable one month and one day after the Order has been made.
When a Divorce has taken effect, there is only a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period might be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Quandong
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the commencement of any Court procedures the parties are required to go to, participate and make a genuine effort in fixing any parenting concerns at a household dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more settlements can be organized with the help of solicitor, conciliators and counsellors Quandong.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to concern the very best interests of the kid as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the children have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum level consistent with the best interest of the kid; and
protecting the kids from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that children receive adequate and appropriate parenting to assist them accomplish their complete potential; and
making sure that moms and dads fulfil their responsibilities, and satisfy their duties, concerning the care, well-being and advancement of their kids.
There are other elements that the Court might take into account in any specific scenarios.
Why Choose Our Child Custody Lawyers Quandong VIC
We are passionate regarding providing a specialty Family Law service Quandong that welcomes you, understands you as well as shows you empathy in challenging times. Find out why you can be guaranteed of our dedication to your legal requirements.