Accredited Family Law & Divorce Specialists In Yarrawonga South
We know family law. Our Family Lawyers Yarrawonga South have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having particular knowledge in divorce, child custody and property division.
We are dedicated 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 get the very best possible outcome. If you are planning to engage the services of some of the best family legal representatives Yarrawonga South has to offer, then look no further. When engaging among our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Yarrawonga South, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is typically filed 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 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 continuous period and implies more than physical separation where there is no probability 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 actually 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 offered the other with some home services. It might be difficult to establish that separation has actually happened in these scenarios 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 citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, intend to live in Yarrawonga South indefinitely or otherwise have the ability to offer proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually been married for less than 2 years, the Court needs 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 have to consider that appropriate arrangements have 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 granted the Divorce becomes reliable one month and one day after the Order has been made.
When a Divorce has actually taken effect, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period might be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Yarrawonga South
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the beginning of any Court proceedings the parties are required to go to, participate and make an authentic effort in solving any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be set up with the support of solicitor, conciliators and counsellors Yarrawonga South.
If no contract can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should regard the very best interests of the child as the paramount consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the maximum level consistent with the best interest of the kid; and
safeguarding the kids from physical and mental damage and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that children get adequate and appropriate parenting to assist them accomplish their full potential; and
ensuring that parents fulfil their tasks, and fulfill their duties, concerning the care, well-being and development of their children.
There are other aspects that the Court might consider in any specific situations.
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