Accredited Family Law & Separation Specialists In The Basin
We know family law. Our Family Solicitors The Basin have represented hundreds of family law clients over the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having particular expertise in divorce, child custody and residential or commercial 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 process so that you acquire the best possible outcome. If you are aiming to engage the services of a few of the best family solicitors The Basin has to offer, then look no more. When engaging among our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In The Basin, the Family Law Act 1975 developed 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 allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage 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 marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and indicates more than physical separation where there is no possibility of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to deal with 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 living under the same roof or if one has actually provided the other with some home services. It might be tough to establish that separation has taken place in these situations and appropriately the Court will require evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, mean to live in The Basin forever or otherwise have the ability to supply evidence 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 consider that proper plans have actually 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 treated as a member of that household, and under the age of 18.
When a Divorce has been approved the Divorce becomes reliable one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period might be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders The Basin
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the beginning of any Court procedures the parties are needed to go to, get involved and make a real attempt in solving any parenting problems at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more settlements can be arranged with the help of lawyer, mediators and counsellors The Basin.
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 verification that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to regard the very best interests of the child as the critical factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the children have the advantage of both of their parents having a meaningful participation in their lives, to the optimum degree consistent with the very best interest of the kid; and
safeguarding the kids from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that children receive appropriate and correct parenting to assist them attain their full potential; and
ensuring that parents satisfy their duties, and fulfill their obligations, concerning the care, well-being and development of their kids.
There are other elements that the Court might take into consideration in any specific scenarios.
Why Choose Our Domestic Violence Lawyers The Basin VIC
We are passionate regarding providing a specialty domestic violence lawyer The Basin service that welcomes you, understands you and shows you empathy in tough times. Discover why you can be assured of our commitment to your legal needs.