Accredited Family Law & Divorce Specialists In Callignee South
We understand family law. Our Family Solicitors Callignee South have represented numerous family law clients for many years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular knowledge in divorce, child custody and property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you get the very best possible outcome. If you are wanting to engage the services of some of the best family lawyers Callignee South has to offer, then look no more. When engaging one of our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Callignee South, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies 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 actually broken down irretrievably.
Any application for Divorce is normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties file the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and means 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 not been separated for more than 12 months.
An application can still be made while the parties are residing under the very same roof or if one has provided the other with some household services. It might be tough to establish that separation has happened in these scenarios and accordingly the Court will need proof in assistance 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 established, you or your partner has to regard Australia as your home, intend to live in Callignee South forever or otherwise be able to supply proof that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has 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 have to consider that proper arrangements have 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 treated as a member of that home, and under the age of 18.
When a Divorce has been approved the Divorce becomes efficient one month and one day after the Order has actually been made.
As soon as a Divorce has worked, 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 approved in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Callignee South
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the commencement of any Court procedures the parties are needed to participate in, participate and make a real effort in fixing any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Permission Orders. If no agreement can be reached, further settlements can be organized with the support of lawyer, arbitrators and counsellors Callignee South.
If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to concern the best interests of the kid as the paramount consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum degree consistent with the best interest of the child; and
protecting the kids from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get appropriate and proper parenting to assist them achieve their complete potential; and
making sure that moms and dads fulfil their duties, and meet their obligations, concerning the care, well-being and development of their children.
There are other elements that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Callignee South VIC
We are passionate about giving a specialized Family Law service Callignee South that welcomes you, understands you and shows you empathy in hard times. Find out why you can be guaranteed of our dedication to your legal demands.