Accredited Family Law & Divorce Specialists In Enochs Point
We know family law. Our Family and Divorce Solicitors Enochs Point have actually represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having particular expertise in divorce, child custody and home division.
We are devoted to helping 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 acquire the very best possible outcome. If you are planning to engage the services of a few of the very best family legal representatives Enochs Point has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Enochs Point, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has 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 just offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and means 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 deal with 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 actually provided the other with some family services. It might be hard to develop that separation has taken place in these circumstances and appropriately 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 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, plan to reside in Enochs Point forever or otherwise be able to offer proof 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 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 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 treated as a member of that family, and under the age of 18.
As soon as a Divorce has been given the Divorce becomes reliable one month and one day after the Order has actually been made.
As soon as a Divorce has actually taken effect, 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 approved in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Enochs Point
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 commencement of any Court procedures the parties are required to participate in, get involved and make a real effort in fixing any parenting problems at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more negotiations can be organized with the help of lawyer, mediators and counsellors Enochs Point.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must relate to the best interests of the kid 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:
making sure that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the maximum degree consistent with the very best interest of the child; and
protecting the kids from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that kids get adequate and proper parenting to assist them accomplish their full potential; and
ensuring that moms and dads fulfil their duties, and meet their responsibilities, concerning the care, well-being and development of their children.
There are other aspects that the Court may consider in any particular situations.
Why Choose Our Family Lawyers Enochs Point VIC
We are passionate about giving a specialty Family Law service Enochs Point 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.