Accredited Family Law & Separation Specialists In Flagstaff
We know family law. Our Family and Divorce Lawyers Flagstaff have represented hundreds of family law clients throughout the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having particular competence in divorce, child custody and home division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you get the best possible result. If you are aiming to engage the services of a few of the very best family lawyers Flagstaff has to offer, then look no further. When engaging among our professionals, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Flagstaff, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests 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 actually 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 just readily available after a 12 month period of separation. This 12 month separation period is to be a constant period and implies more than physical separation where there is no probability of reconciliation.
The application can be opposed in scenarios 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 offered the other with some household services. It may be hard to develop that separation has happened in these circumstances and accordingly 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 have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, plan to live in Flagstaff forever or otherwise be able to supply evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances 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 need to consider that appropriate arrangements have been made for any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that household, and under the age of 18.
As soon as a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has been made.
Once a Divorce has worked, there is only a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this period might be approved in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Flagstaff
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the beginning of any Court proceedings the parties are required to participate in, participate and make a genuine attempt in solving any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no contract can be reached, further settlements can be arranged with the help of solicitor, arbitrators and counsellors Flagstaff.
If no arrangement 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 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 should 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 met by:
making sure that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum extent consistent with the best interest of the child; and
securing the kids from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive adequate and correct parenting to assist them attain their complete potential; and
ensuring that parents fulfil their duties, and fulfill their obligations, concerning the care, welfare and advancement of their kids.
There are other elements that the Court may take into consideration in any specific circumstances.
Why Choose Our Family Lawyers Flagstaff VIC
We are passionate about providing a specialized Family Law service Flagstaff that welcomes you, understands you and also shows you empathy in hard times. Discover why you can be guaranteed of our dedication to your legal requirements.