Accredited Family Law & Separation Specialists In Tamboon
We know family law. Our Child Custody Solicitors Tamboon have represented numerous family law clients throughout the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having particular know-how in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you acquire the very best possible result. If you are looking to engage the services of some of the best family legal representatives Tamboon has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Tamboon, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties file the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and implies more than physical separation where there is no possibility 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 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 offered the other with some family services. It might be tough to establish that separation has happened in these situations and appropriately the Court will require proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, mean to reside in Tamboon forever or otherwise have the ability to offer proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been wed 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 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 household, and under the age of 18.
As soon as a Divorce has been approved the Divorce becomes efficient one month and one day after the Order has been made.
As soon as a Divorce has worked, there is just a 12 month period where to submit 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 Tamboon
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the beginning of any Court procedures the parties are required to attend, participate and make an authentic attempt in solving any parenting problems at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract 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 solicitor, conciliators and counsellors Tamboon.
If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to concern the best interests of the kid as the vital consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the maximum degree constant with the very best interest of the kid; and
safeguarding the children from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and
making sure that children receive adequate and correct parenting to help them achieve their full potential; and
ensuring that moms and dads satisfy their duties, and meet their responsibilities, concerning the care, welfare and development of their children.
There are other factors that the Court may consider in any particular scenarios.
Why Choose Our Child Custody Lawyers Tamboon VIC
We are passionate regarding giving a specialty Family Law service Tamboon that welcomes you, understands you and shows you empathy in tough times. Find out why you can be guaranteed of our dedication to your legal requirements.