Accredited Family Law & Divorce Specialists In Broughton
We know family law. Our Family Solicitors Broughton have represented hundreds of family law clients for many years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific knowledge in divorce, child custody and home 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 result. If you are looking to engage the services of some of the best family solicitors Broughton has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Broughton, 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 infidelity, violence or abandonment are irrelevant. 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 submits the application, or a joint application where both parties file the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and implies more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations where the Court does not have jurisdiction to deal with 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 home services. It might be hard to establish that separation has taken place in these scenarios and accordingly 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 need to be an Australia person 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 Broughton indefinitely or otherwise be able to supply evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has 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 need to consider that correct plans have been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that home, and under the age of 18.
Once a Divorce has actually been approved the Divorce becomes effective one month and one day after the Order has actually 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 may be given in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Broughton
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 procedures the parties are needed to participate in, take part and make an authentic effort in fixing any parenting concerns at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more negotiations can be organized with the support of lawyer, arbitrators and counsellors Broughton.
If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should regard the very best interests of the kid as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the maximum degree constant with the best interest of the kid; and
safeguarding the children from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that children get sufficient and appropriate parenting to assist them achieve their complete potential; and
making sure that moms and dads satisfy their tasks, and meet their responsibilities, concerning the care, welfare and advancement of their kids.
There are other factors that the Court might consider in any particular scenarios.
Why Choose Our Family Lawyers Broughton VIC
We are passionate about giving a specialty Family Law service Broughton that welcomes you, understands you and also shows you empathy in difficult times. Figure out why you can be assured of our dedication to your legal demands.