Accredited Family Law & Divorce Specialists In Taminick
We know family law. Our Child Custody Solicitors Taminick have actually represented hundreds of family law customers for many years and act for mums, fathers, grandmothers, grandfathers, 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 expertise in divorce, child custody and property division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you get the very best possible outcome. If you are seeking to engage the services of some of the very best family lawyers Taminick has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Taminick, the Family Law Act 1975 established 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 adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally submitted 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 just available after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and implies more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations 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 supplied the other with some family services. It might be difficult to establish that separation has occurred in these scenarios and accordingly the Court will need proof in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia person 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 Taminick forever or otherwise be able to provide evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been married 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 consider that proper plans have been produced 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 home, and under the age of 18.
As soon as a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has been made.
As soon as a Divorce has actually taken effect, there is only a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this period may be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Taminick
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the start of any Court proceedings the parties are needed to go to, participate and make a genuine attempt in dealing with any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be organized with the support of lawyer, conciliators and counsellors Taminick.
If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court should regard the best interests of the child as the paramount factor to consider.
According to 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 involvement in their lives, to the maximum level constant 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
making sure that children get adequate and correct parenting to help them accomplish their complete potential; and
ensuring that parents fulfil their duties, and satisfy their duties, concerning the care, welfare and advancement of their children.
There are other elements that the Court might take into consideration in any particular circumstances.
Why Choose Our Child Custody Lawyers Taminick VIC
We are passionate about providing a specialized Family Law service Taminick that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be guaranteed of our dedication to your legal needs.