Accredited Family Law & Separation Specialists In St Arnaud North
We understand family law. Our Child Custody Solicitors St Arnaud North have represented numerous family law clients for many years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having particular expertise in divorce, child custody and home division.
We are dedicated to helping you settle your matter as rapidly 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 result. If you are aiming to engage the services of some of the best family solicitors St Arnaud North has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In St Arnaud North, the Family Law Act 1975 established 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 accusations 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 normally 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 only readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and means 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 very same roof or if one has actually provided the other with some home services. It might be hard to develop that separation has occurred in these circumstances 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, mean to live in St Arnaud North forever or otherwise have the ability to provide evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has been wed 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 have to think about that correct arrangements have been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that household, and under the age of 18.
When a Divorce has been given the Divorce becomes reliable one month and one day after the Order has actually been made.
When a Divorce has taken effect, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration may be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders St Arnaud North
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court procedures the parties are needed to participate in, participate and make a real effort in solving any parenting problems at a household dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no contract can be reached, further settlements can be arranged with the assistance of solicitor, arbitrators and counsellors St Arnaud North.
If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a disagreement 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 relate to the very best interests of the child as the critical factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum degree constant with the best interest of the kid; and
securing the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids get adequate and correct parenting to assist them accomplish their complete potential; and
guaranteeing that parents satisfy their duties, and meet their responsibilities, concerning the care, welfare and advancement of their children.
There are other factors that the Court may take into account in any particular situations.
Why Choose Our Child Custody Lawyers St Arnaud North VIC
We are passionate regarding giving a specialized Family Law service St Arnaud North that welcomes you, understands you as well as shows you empathy in challenging times. Figure out why you can be assured of our commitment to your legal requirements.