Accredited Family Law & Divorce Specialists In Yeungroon
We know family law. Our Family and Divorce Solicitors Yeungroon have actually represented hundreds of family law customers for many years and act for mums, dads, grandmas, 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 specific expertise 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 achievable, then we will represent you expertly throughout the Court procedure so that you get the very best possible result. If you are aiming to engage the services of some of the best family legal representatives Yeungroon has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Yeungroon, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage 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 submit the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and suggests more than physical separation where there is no probability of reconciliation.
The application can be opposed in situations 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 exact same roof or if one has provided the other with some family services. It may be tough to develop that separation has happened in these situations and accordingly the Court will need proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, plan to reside in Yeungroon 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 circumstances where a couple has been married for less than 2 years, the Court requires the parties to participate in 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 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 treated as a member of that household, and under the age of 18.
As soon as a Divorce has been approved the Divorce ends up being reliable one month and one day after the Order has actually been made.
When a Divorce has worked, there is just a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this period may be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Yeungroon
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are needed to attend, get involved and make an authentic effort in dealing with any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no agreement can be reached, further negotiations can be arranged with the assistance of lawyer, mediators and counsellors Yeungroon.
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 actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to regard the very best interests of the child as the paramount consideration.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the children have the advantage of both of their parents having a significant involvement in their lives, to the optimum level consistent with the best interest of the kid; and
protecting the children from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that children get adequate and proper parenting to help them attain their full potential; and
ensuring that moms and dads fulfil their tasks, and fulfill their responsibilities, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court might take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Yeungroon VIC
We are passionate about providing a specialized Family Law service Yeungroon that welcomes you, understands you and shows you empathy in tough times. Discover why you can be guaranteed of our commitment to your legal needs.