Accredited Family Law & Separation Specialists In Grampians
We know family law. Our Family and Divorce Solicitors Grampians have actually represented numerous family law clients throughout the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific know-how in divorce, child custody and residential or commercial property division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you acquire the very best possible result. If you are aiming to engage the services of a few of the very best family lawyers Grampians has to offer, then look no further. When engaging among our experts, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Grampians, the Family Law Act 1975 established 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 adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is normally submitted 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 period of separation. This 12 month separation period is to be a continuous duration and implies more than physical separation where there is no probability of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to handle 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 residing under the same roof or if one has provided the other with some family services. It may be difficult to develop that separation has taken place in these situations and accordingly the Court will require evidence in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will have 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 reside in Grampians indefinitely or otherwise be able to offer proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually been wed for less than 2 years, the Court requires 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 consider that appropriate plans have been made for 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 reliable one month and one day after the Order has actually been made.
Once a Divorce has worked, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration may be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Grampians
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 beginning of any Court procedures the parties are required to go to, participate and make an authentic attempt in fixing any parenting issues at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, further settlements can be set up with the support of lawyer, mediators and counsellors Grampians.
If no contract can be reached beyond the court system, a person 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 beginning of Court procedures.
In parenting matters, a Court must relate to the best interests of the child as the critical factor to consider.
Inning accordance with area 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 parents having a significant involvement in their lives, to the optimum level constant with the very best interest of the child; and
protecting the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that kids get sufficient and proper parenting to help them attain their full potential; and
ensuring that parents fulfil their responsibilities, and satisfy their obligations, concerning the care, well-being and advancement of their kids.
There are other elements that the Court may take into consideration in any particular situations.
Why Choose Our Family Lawyers Grampians VIC
We are passionate about giving a specialized Family Law service Grampians that welcomes you, understands you and shows you empathy in hard times. Discover why you can be assured of our commitment to your legal demands.