Call Us 1300 241 740

Divorce Lawyer Gatum VIC

Divorce Lawyer Gatum VIC

Accredited Family Law & Divorce Specialists In Gatum

We understand family law. Our Family and Divorce Solicitors Gatum have actually represented hundreds of family law clients for many years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having specific proficiency in divorce, child custody and property division.

We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you obtain the best possible result. If you are looking to engage the services of a few of the best family legal representatives Gatum has to offer, then look no more. When engaging among our specialists, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Gatum, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is generally 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 submit 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 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 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 provided the other with some home services. It might be hard to establish that separation has actually happened in these circumstances and accordingly 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to live in Gatum indefinitely or otherwise be able to offer proof that you lived in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has actually been married for less than 2 years, the Court needs 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 have to think about that correct plans have actually been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that family, and under the age of 18.

Once a Divorce has actually been granted the Divorce becomes effective one month and one day after the Order has actually been made.

When a Divorce has taken effect, there is just a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period may be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Gatum

Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a child’s life.

Prior to the commencement of any Court procedures the parties are required to go to, get involved and make a genuine attempt in solving any parenting issues at a family conflict 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 Approval Orders. If no agreement can be reached, further settlements can be arranged with the support of solicitor, conciliators and counsellors Gatum.

If no agreement can be reached beyond 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 conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court needs to concern the very best interests of the kid as the paramount factor to consider.

According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:

ensuring that the children have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum level consistent with the best interest of the kid; and

safeguarding the kids from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and

ensuring that children get sufficient and correct parenting to assist them achieve their complete potential; and

making sure that parents fulfil their duties, and satisfy their obligations, concerning the care, welfare and advancement of their kids.

There are other aspects that the Court may take into account in any specific scenarios.

Why Choose Our Family Lawyers Gatum VIC

We are passionate regarding giving a specialized Family Law service Gatum that welcomes you, understands you as well as shows you empathy in difficult times. Find out why you can be assured of our commitment to your legal requirements.

Business Results 1 - 5 of 0

 
 

About: admin2018


Call Now ButtonCall Now