Accredited Family Law & Divorce Specialists In Waterways
We understand family law. Our Family Solicitors Waterways have represented hundreds of family law clients over the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having specific knowledge in divorce, child custody and residential or commercial property division.
We are dedicated 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 outcome. If you are looking to engage the services of some of the best family lawyers Waterways 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 marital relationship.
In Waterways, 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 allegations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage 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 submits the application, or a joint application where both parties file the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation duration is to be a constant period 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 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 living under the same roof or if one has offered the other with some home services. It might be difficult to establish that separation has happened in these circumstances and accordingly the Court will need 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, plan to live in Waterways forever or otherwise be able to provide evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually 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 need to think about that correct plans have actually 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.
When a Divorce has actually been given the Divorce becomes efficient one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period might be approved in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Waterways
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 participate in, take part and make an authentic attempt in solving any parenting issues at a household conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement 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 arranged with the assistance of solicitor, conciliators and counsellors Waterways.
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 need confirmation that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must regard the best interests of the child as the vital consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the kids have the benefit of both of their parents having a significant participation in their lives, to the optimum level constant with the best interest of the child; and
securing the children from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
making sure that kids get adequate and appropriate parenting to assist them attain their full potential; and
guaranteeing that parents fulfil their tasks, and satisfy their responsibilities, concerning the care, well-being and advancement of their kids.
There are other factors that the Court may consider in any specific circumstances.
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