Accredited Family Law & Separation Specialists In Stradbroke
We know family law. Our Child Custody Lawyers Stradbroke have actually represented hundreds of family law clients for many years and act for mums, dads, grandmothers, grandfathers, married 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 know-how in divorce, child custody and home division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you get the very best possible result. If you are wanting to engage the services of some of the very best family solicitors Stradbroke has to offer, then look no further. When engaging one of our experts, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Stradbroke, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means 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 marital relationship has actually broken down irretrievably.
Any application for Divorce is typically 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 submit the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and implies 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 very same roof or if one has actually offered the other with some home services. It may be challenging to develop that separation has actually taken place in these situations and accordingly the Court will require evidence in support of the application.
In addition to the requirements of a period 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 established, you or your spouse needs to regard Australia as your home, intend to reside in Stradbroke forever or otherwise be able to supply proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has actually 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 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 home, and under the age of 18.
Once a Divorce has been granted the Divorce ends up being efficient one month and one day after the Order has been made.
When a Divorce has actually worked, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period may be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Stradbroke
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 start of any Court proceedings the parties are needed to attend, take part and make a real effort in solving any parenting concerns at a family dispute resolution conference. Following conclusion 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 Authorization Orders. If no agreement can be reached, further settlements can be set up with the support of lawyer, conciliators and counsellors Stradbroke.
If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to relate to the very best interests of the kid as the critical factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum extent consistent with the best interest of the kid; and
protecting the children from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids receive sufficient and correct parenting to assist them attain their complete potential; and
making sure that moms and dads satisfy their responsibilities, and fulfill their duties, concerning the care, welfare and development of their kids.
There are other aspects that the Court may take into account in any specific circumstances.
Why Choose Our Child Custody Lawyers Stradbroke VIC
We are passionate regarding giving a specialized Family Law service Stradbroke that welcomes you, understands you as well as shows you empathy in hard times. Figure out why you can be guaranteed of our dedication to your legal demands.