Accredited Family Law & Divorce Specialists In Dry Diggings
We know family law. Our Family and Divorce Solicitors Dry Diggings have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific knowledge in divorce, child custody and property division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you obtain the best possible outcome. If you are looking to engage the services of some of the best family solicitors Dry Diggings has to offer, then look no more. When engaging one of our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Dry Diggings, the Family Law Act 1975 developed 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 infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has 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 file the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and indicates 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 same roof or if one has actually provided the other with some household services. It may be hard to establish that separation has actually occurred in these circumstances and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a duration 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 partner has to regard Australia as your home, intend to live in Dry Diggings indefinitely or otherwise have the ability to offer evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually 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 been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that family, and under the age of 18.
As soon as a Divorce has been given the Divorce becomes effective one month and one day after the Order has actually 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 duration may be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Dry Diggings
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 proceedings the parties are needed to participate in, participate and make a genuine effort in fixing any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more settlements can be set up with the help of lawyer, arbitrators and counsellors Dry Diggings.
If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should relate to the best interests of the child as the critical consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the kids have the benefit of both of their parents having a significant involvement in their lives, to the optimum degree consistent with the very best interest of the child; and
securing the kids from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids get appropriate and correct parenting to help them achieve their full potential; and
ensuring that parents fulfil their responsibilities, and meet their obligations, concerning the care, well-being and advancement of their kids.
There are other elements that the Court may consider in any specific situations.
Why Choose Our Family Lawyers Dry Diggings VIC
We are passionate about giving a specialty Family Law service Dry Diggings that welcomes you, understands you and also shows you empathy in hard times. Figure out why you can be assured of our commitment to your legal requirements.