Accredited Family Law & Separation Specialists In Geelong North
We know family law. Our Family and Divorce Lawyers Geelong North have actually represented numerous family law customers throughout the years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having specific know-how in divorce, child custody and property division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible outcome. If you are seeking to engage the services of some of the very best family legal representatives Geelong North has to offer, then look no further. When engaging among our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Geelong North, 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 infidelity, 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 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 submit the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and indicates more than physical separation where there is no possibility 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 provided the other with some household services. It might be hard to establish that separation has actually occurred in these scenarios and appropriately 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 partner will need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to reside in Geelong North forever or otherwise have the ability to provide proof that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been wed 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 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.
When a Divorce has been approved the Divorce ends up being efficient one month and one day after the Order has been made.
Once a Divorce has worked, there is just a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this period might be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Geelong North
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a child’s life.
Prior to the commencement of any Court procedures the parties are needed to attend, get involved and make an authentic attempt in resolving any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further settlements can be arranged with the assistance of solicitor, conciliators and counsellors Geelong North.
If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court should concern the very best interests of the child as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
making sure that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the maximum extent constant with the very best interest of the child; and
protecting the kids from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and
ensuring that kids get sufficient and appropriate parenting to assist them achieve their full potential; and
guaranteeing that moms and dads fulfil their duties, and meet their obligations, concerning the care, well-being and development of their children.
There are other elements that the Court might consider in any specific scenarios.
Why Choose Our Family Lawyers Geelong North VIC
We are passionate about offering a specialized Family Law service Geelong North that welcomes you, understands you as well as shows you empathy in difficult times. Find out why you can be guaranteed of our commitment to your legal demands.