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Divorce Lawyer Geelong VIC

Divorce Lawyer Geelong VIC

Accredited Family Law & Divorce Specialists In Geelong

We know family law. Our Family and Divorce Lawyers Geelong have represented numerous family law customers for many years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having particular competence in divorce, child custody and property division.

We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible outcome. If you are looking to engage the services of some of the best family solicitors Geelong has to offer, then look no further. When engaging among our experts, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Geelong, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is usually 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 available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and means more than physical separation where there is no probability of reconciliation.

The application can be opposed in circumstances 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 residing under the very same roof or if one has actually provided the other with some household services. It may be hard to develop that separation has actually occurred in these situations and accordingly the Court will require 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 developed, you or your spouse needs to regard Australia as your home, mean to live in Geelong forever or otherwise have the ability to supply proof 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 requires 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 correct arrangements have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that home, and under the age of 18.

When a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has been made.

As soon as a Divorce has actually taken effect, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration might be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Geelong

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

Prior to the start of any Court proceedings the parties are required to participate in, participate and make an authentic attempt in resolving any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If a contract is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be arranged with the assistance of solicitor, arbitrators and counsellors Geelong.

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 confirmation that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.

In parenting matters, a Court needs to regard the best interests of the child as the vital factor to consider.

Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:

making sure that the children have the benefit of both of their parents having a meaningful participation in their lives, to the optimum extent consistent with the very best interest of the kid; and

protecting the children from physical and psychological damage and from being subjected to, or exposed to, abuse, disregard or family violence; and

ensuring that kids get appropriate and correct parenting to help them attain their full potential; and

making sure that parents satisfy their tasks, and satisfy their responsibilities, concerning the care, well-being and development of their children.

There are other factors that the Court may take into consideration in any specific situations.

Why Choose Our Family Lawyers Geelong VIC

We are passionate regarding giving a specialized Family Law service Geelong that welcomes you, understands you and also shows you empathy in tough times. Figure out why you can be guaranteed of our dedication to your legal requirements.

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166a Ryrie St, Geelong Victoria 3220, Australia

 
 

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