Accredited Family Law & Divorce Specialists In Garfield
We know family law. Our Family and Divorce Lawyers Garfield have represented hundreds of family law customers throughout the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having particular know-how in divorce, child custody and property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you acquire the best possible outcome. If you are wanting to engage the services of a few of the very best family legal representatives Garfield has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Garfield, the Family Law Act 1975 developed 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 abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is normally filed 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 only available after a 12 month period of separation. This 12 month separation duration is to be a constant duration and suggests more than physical separation where there is no probability 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 exact same roof or if one has provided the other with some family services. It may be challenging to establish that separation has happened in these situations and accordingly the Court will need evidence in support 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to reside in Garfield forever or otherwise have the ability to offer 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 married for less than 2 years, the Court needs the parties to attend 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 proper arrangements have been produced 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 family, and under the age of 18.
Once a Divorce has actually been given the Divorce ends up being efficient one month and one day after the Order has been made.
Once a Divorce has actually worked, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period might be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Garfield
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court procedures the parties are required to participate in, take part and make a genuine effort in resolving any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, even more negotiations can be arranged with the assistance of lawyer, conciliators and counsellors Garfield.
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 confirmation that the parties have actually attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must concern the very best interests of the child as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum degree constant with the best interest of the child; and
safeguarding the kids from physical and psychological damage and from going through, or exposed to, abuse, overlook or family violence; and
making sure that children receive appropriate and correct parenting to help them attain their full potential; and
making sure that moms and dads fulfil their tasks, and satisfy their obligations, concerning the care, well-being and advancement of their children.
There are other elements that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Garfield VIC
We are passionate about providing a specialized Family Law service Garfield that welcomes you, understands you and shows you empathy in challenging times. Discover why you can be guaranteed of our commitment to your legal needs.