Accredited Family Law & Divorce Specialists In Edenhope
We know family law. Our Family and Divorce Lawyers Edenhope have actually represented hundreds of family law customers for many years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having specific proficiency in divorce, child custody and property division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you get the best possible result. If you are wanting to engage the services of a few of the best family solicitors Edenhope has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Edenhope, 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 adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is normally 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 file the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation period is to be a constant period and suggests more than physical separation where there is no possibility 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 living under the very same roof or if one has actually supplied the other with some household services. It may be challenging to establish that separation has happened in these scenarios and appropriately the Court will need proof in support 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 spouse has to regard Australia as your home, mean to live in Edenhope indefinitely or otherwise be able to supply evidence that you lived 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 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 need to consider that appropriate plans have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has 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 becomes reliable one month and one day after the Order has been made.
Once a Divorce has actually taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this period may be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Edenhope
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person 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 effort in fixing any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more settlements can be set up with the assistance of solicitor, mediators and counsellors Edenhope.
If no agreement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to regard the best interests of the child as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are met by:
guaranteeing that the children have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the maximum extent constant with the best interest of the child; and
protecting the children from physical and mental damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that kids receive appropriate and appropriate parenting to help them attain their complete potential; and
ensuring that moms and dads fulfil their responsibilities, and fulfill their responsibilities, concerning the care, well-being and advancement of their children.
There are other factors that the Court may take into consideration in any particular scenarios.
Why Choose Our Family Lawyers Edenhope VIC
We are passionate regarding giving a specialty Family Law service Edenhope that welcomes you, understands you and also shows you empathy in hard times. Learn why you can be assured of our commitment to your legal demands.