Accredited Family Law & Separation Specialists In Tamboritha
We know family law. Our Child Custody Solicitors Tamboritha have represented hundreds of family law clients throughout the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having particular expertise in divorce, child custody and property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you obtain the best possible result. If you are aiming to engage the services of some of the very best family legal representatives Tamboritha has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Tamboritha, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates 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 marital relationship has broken down irretrievably.
Any application for Divorce is typically 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 submit the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation period is to be a constant duration and means 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 residing under the very same roof or if one has offered the other with some family services. It may be tough to develop that separation has actually happened in these scenarios and appropriately the Court will need evidence in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to live in Tamboritha forever or otherwise be able to provide evidence 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 think about that correct plans 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 dealt with as a member of that home, and under the age of 18.
As soon as a Divorce has actually been approved the Divorce becomes reliable 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 file an application for property/financial and spousal upkeep. An extension to this period may be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Tamboritha
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 start of any Court proceedings the parties are needed to attend, participate and make an authentic effort in fixing any parenting problems at a family dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, further settlements can be organized with the assistance of lawyer, arbitrators and counsellors Tamboritha.
If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require verification 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 beginning of Court procedures.
In parenting matters, a Court must regard the very best interests of the child as the vital consideration.
Inning accordance with 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 significant involvement in their lives, to the maximum level constant with the very best interest of the kid; and
protecting the children from physical and mental damage and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that children get sufficient and correct parenting to assist them accomplish their complete potential; and
making sure that moms and dads satisfy their responsibilities, and fulfill their responsibilities, concerning the care, welfare and development of their kids.
There are other aspects that the Court may consider in any particular situations.
Why Choose Our Child Custody Lawyers Tamboritha VIC
We are passionate about providing a specialized Family Law service Tamboritha that welcomes you, understands you and also shows you empathy in tough times. Find out why you can be assured of our dedication to your legal requirements.