Accredited Family Law & Divorce Specialists In Westbury
We understand family law. Our Family Lawyers Westbury have actually represented numerous family law clients for many years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific proficiency in divorce, child custody and residential or commercial property division.
We are committed to helping 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 obtain the very best possible result. If you are planning to engage the services of some of the best family lawyers Westbury has to offer, then look no further. When engaging among our professionals, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Westbury, the Family Law Act 1975 established 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 accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is usually filed 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 readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and means 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 living under the exact same roof or if one has actually offered the other with some household services. It may be challenging to establish that separation has actually taken place in these situations and appropriately the Court will need evidence in assistance 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 established, you or your partner needs to regard Australia as your home, plan to reside in Westbury indefinitely or otherwise be able to provide evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been married 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 need to think about that correct plans have been produced any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that home, and under the age of 18.
When a Divorce has been granted the Divorce becomes effective one month and one day after the Order has been made.
When 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 duration might be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Westbury
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court procedures the parties are required to attend, participate and make an authentic attempt in fixing any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more negotiations can be organized with the support of solicitor, mediators and counsellors Westbury.
If no agreement 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 disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to regard the best interests of the child as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the children have the advantage of both of their parents having a significant involvement in their lives, to the maximum level consistent with the best interest of the kid; and
securing the kids from physical and mental damage and from going through, or exposed to, abuse, overlook or family violence; and
making sure that kids receive adequate and proper parenting to assist them achieve their complete potential; and
ensuring that parents fulfil their duties, and meet their duties, concerning the care, well-being and advancement of their children.
There are other aspects that the Court may take into account in any particular situations.
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