Accredited Family Law & Divorce Specialists In Great Southern
We understand family law. Our Family and Divorce Solicitors Great Southern have represented hundreds of family law customers over the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having specific competence 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 possible, then we will represent you skillfully throughout the Court procedure so that you get the very best possible outcome. If you are seeking to engage the services of some of the very best family lawyers Great Southern has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Great Southern, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means 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 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 submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation period is to be a continuous period and suggests more than physical separation where there is no possibility of reconciliation.
The application can be opposed in circumstances 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 exact same roof or if one has actually offered the other with some family services. It might be difficult to establish that separation has actually taken place in these situations and appropriately 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 have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to live in Great Southern forever or otherwise have the ability to offer 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 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 proper arrangements have 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 household, and under the age of 18.
When a Divorce has actually been given the Divorce becomes reliable one month and one day after the Order has actually been made.
When a Divorce has actually worked, there is only a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this period might be approved in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Great Southern
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court procedures the parties are required to attend, get involved and make a real attempt in dealing with any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, further negotiations can be set up with the support of solicitor, arbitrators and counsellors Great Southern.
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 need confirmation that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should concern the very best interests of the child as the critical consideration.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the kids have the advantage of both of their parents having a significant involvement in their lives, to the maximum level constant with the very best interest of the kid; and
protecting the children from physical and psychological harm and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that children get adequate and correct parenting to assist them achieve their complete potential; and
making sure that moms and dads satisfy their duties, and meet their obligations, concerning the care, well-being and development of their children.
There are other factors that the Court may take into consideration in any particular scenarios.
Why Choose Our Family Lawyers Great Southern VIC
We are passionate about providing a specialized Family Law service Great Southern that welcomes you, understands you and also shows you empathy in hard times. Figure out why you can be assured of our dedication to your legal requirements.