Accredited Family Law & Separation Specialists In St Arnaud East
We know family law. Our Child Custody Solicitors St Arnaud East have actually represented numerous family law customers over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having specific knowledge in divorce, child custody and residential or commercial property division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you get the best possible result. If you are seeking to engage the services of some of the best family legal representatives St Arnaud East has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In St Arnaud East, 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 desertion are irrelevant. 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 submits 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 period is to be a continuous duration and suggests more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in circumstances 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 supplied the other with some family services. It may be hard to establish that separation has occurred in these situations and accordingly the Court will need proof 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, plan to live in St Arnaud East forever or otherwise have the ability to offer evidence that you resided in Australian for at least 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 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 family, and under the age of 18.
When a Divorce has actually been approved the Divorce ends up being efficient one month and one day after the Order has been made.
Once a Divorce has worked, there is just a 12 month duration where 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 St Arnaud East
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the commencement of any Court proceedings the parties are needed to go to, participate and make an authentic attempt in dealing with any parenting problems at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, even more settlements can be organized with the assistance of lawyer, mediators and counsellors St Arnaud East.
If no contract can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court must regard the best interests of the child as the vital consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum extent constant with the best interest of the child; and
securing the kids from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that children receive appropriate and correct parenting to help them accomplish their full potential; and
making sure that moms and dads fulfil their responsibilities, and fulfill their responsibilities, concerning the care, welfare and advancement of their children.
There are other aspects that the Court might take into consideration in any particular situations.
Why Choose Our Child Custody Lawyers St Arnaud East VIC
We are passionate about providing a specialized Family Law service St Arnaud East that welcomes you, understands you as well as shows you empathy in hard times. Find out why you can be assured of our commitment to your legal requirements.