Accredited Family Law & Separation Specialists In Gelantipy
We understand family law. Our Family and Divorce Solicitors Gelantipy have represented numerous family law clients over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular know-how in divorce, child custody and property division.
We are dedicated 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 process so that you get the very best possible outcome. If you are looking to engage the services of a few of the very best family solicitors Gelantipy has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Gelantipy, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration 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 same roof or if one has supplied the other with some household services. It may be challenging to develop that separation has taken place in these scenarios and appropriately the Court will need proof in assistance 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 resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to live in Gelantipy indefinitely or otherwise be able to supply 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 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 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 dealt with as a member of that family, and under the age of 18.
Once a Divorce has been given the Divorce becomes effective one month and one day after the Order has been made.
When a Divorce has actually worked, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period may be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Gelantipy
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the commencement of any Court procedures the parties are needed to go to, participate and make an authentic attempt in solving any parenting issues at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more settlements can be arranged with the assistance of solicitor, mediators and counsellors Gelantipy.
If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must relate to the very best interests of the child as the paramount consideration.
Inning accordance with area 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 participation in their lives, to the maximum degree constant with the best interest of the child; and
protecting the children from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that children receive adequate and proper parenting to assist them accomplish their full potential; and
making sure that parents fulfil their tasks, and meet their responsibilities, concerning the care, welfare and advancement of their children.
There are other factors that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Gelantipy VIC
We are passionate about giving a specialty Family Law service Gelantipy that welcomes you, understands you and also shows you empathy in challenging times. Learn why you can be assured of our dedication to your legal demands.