Accredited Family Law & Divorce Specialists In Tabilk
We know family law. Our Child Custody Lawyers Tabilk have actually represented hundreds of family law customers for many years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having specific competence in divorce, child custody and home division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you obtain the very best possible result. If you are looking to engage the services of a few of the very best family legal representatives Tabilk has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Tabilk, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is usually submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits 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 period of separation. This 12 month separation period is to be a constant duration and indicates 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 not been separated for more than 12 months.
An application can still be made while the parties are residing under the exact same roof or if one has offered the other with some home services. It may be hard to establish that separation has taken place in these situations and accordingly the Court will require proof 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 developed, you or your spouse has to regard Australia as your home, mean to reside in Tabilk indefinitely or otherwise be able to offer 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 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 think about that appropriate 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.
Once a Divorce has actually been granted the Divorce becomes effective one month and one day after the Order has been made.
Once a Divorce has taken effect, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration might be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Tabilk
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a child’s life.
Prior to the commencement of any Court procedures the parties are required to attend, get involved and make a real attempt in resolving any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no contract can be reached, further negotiations can be set up with the assistance of lawyer, arbitrators and counsellors Tabilk.
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 need verification that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to relate to the best interests of the child as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum extent consistent with the very best interest of the child; and
securing the kids from physical and mental damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
ensuring that kids receive sufficient and correct parenting to help them attain their full potential; and
guaranteeing that parents fulfil their responsibilities, and satisfy their duties, concerning the care, welfare and advancement of their children.
There are other elements that the Court may take into account in any particular situations.
Why Choose Our Child Custody Lawyers Tabilk VIC
We are passionate about providing a specialized Family Law service Tabilk that welcomes you, understands you as well as shows you empathy in challenging times. Learn why you can be guaranteed of our commitment to your legal demands.