Accredited Family Law & Divorce Specialists In Greta
We understand family law. Our Family and Divorce Solicitors Greta have represented numerous family law customers throughout the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having specific competence 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 expertly throughout the Court procedure so that you acquire the very best possible outcome. If you are wanting to engage the services of a few of the very best family legal representatives Greta has to offer, then look no further. When engaging among our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Greta, 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 accusations of infidelity, 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 implies more than physical separation where there is no likelihood 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 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 offered the other with some home services. It might be challenging to develop that separation has taken place in these scenarios and accordingly the Court will require evidence in assistance 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 established, you or your spouse has to regard Australia as your home, intend to reside in Greta 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 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 have to consider that correct arrangements 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 treated as a member of that family, and under the age of 18.
Once a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has actually been made.
When a Divorce has actually 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 granted in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Greta
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 proceedings the parties are needed to participate in, get involved and make a genuine attempt in solving any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be set up with the help of solicitor, mediators and counsellors Greta.
If no arrangement 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 actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to concern the best interests of the kid as the paramount consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the maximum level consistent with the best interest of the kid; and
protecting the kids from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that children receive sufficient and proper parenting to assist them accomplish their full potential; and
making sure that moms and dads satisfy their tasks, and satisfy their duties, concerning the care, welfare and development of their children.
There are other aspects that the Court may take into consideration in any particular situations.
Why Choose Our Family Lawyers Greta VIC
We are passionate regarding giving a specialty Family Law service Greta that welcomes you, understands you and shows you empathy in difficult times. Figure out why you can be guaranteed of our commitment to your legal needs.