Accredited Family Law & Divorce Specialists In Callignee
We understand family law. Our Family Solicitors Callignee have represented hundreds of family law customers 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 solicitors can represent you in all elements of family law, having specific expertise in divorce, child custody and property division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you acquire the very best possible result. If you are wanting to engage the services of some of the best family solicitors Callignee has to offer, then look no more. 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 Callignee, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage 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 available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and suggests more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in circumstances 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 home services. It may be tough to develop that separation has happened in these situations and accordingly the Court will require evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to live in Callignee indefinitely or otherwise have the ability to provide evidence that you lived in Australian for a minimum of 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 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 have to think about that correct plans have actually been produced 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.
As soon as a Divorce has actually been given the Divorce becomes efficient one month and one day after the Order has been made.
When a Divorce has worked, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this duration might be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Callignee
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 attend, take part and make a genuine attempt in resolving any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more settlements can be set up with the support of lawyer, conciliators and counsellors Callignee.
If no agreement 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 tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to concern the very best interests of the kid as the critical consideration.
According to section 60B of the Family Law Act 1975, the very 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 meaningful participation in their lives, to the maximum extent consistent with the very best interest of the child; and
protecting the kids from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that children get appropriate and appropriate parenting to help them attain their full potential; and
ensuring that parents satisfy their responsibilities, and satisfy their responsibilities, concerning the care, well-being and development of their children.
There are other aspects that the Court may take into consideration in any specific circumstances.
Why Choose Our Family Lawyers Callignee VIC
We are passionate about providing a specialty Family Law service Callignee that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be guaranteed of our dedication to your legal demands.