Accredited Family Law & Separation Specialists In Cape Otway
We know family law. Our Family Lawyers Cape Otway have actually represented hundreds of family law customers over the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having particular proficiency in divorce, child custody and property division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you obtain the very best possible outcome. If you are wanting to engage the services of a few of the best family lawyers Cape Otway has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Cape Otway, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle 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 unimportant. The only ground for Divorce is that the marital relationship has 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 marriage submits the application, or a joint application where both parties submit 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 period and indicates 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 deal with 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 living under the same roof or if one has offered the other with some home services. It may be challenging to establish that separation has actually taken place in these situations and appropriately the Court will require proof in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to reside in Cape Otway forever or otherwise have the ability to supply 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 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 made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that home, and under the age of 18.
As soon as a Divorce has been granted the Divorce ends up being reliable one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is just a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Cape Otway
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 start of any Court procedures the parties are needed to participate in, take part and make a genuine effort in dealing with any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, even more settlements can be set up with the assistance of solicitor, conciliators and counsellors Cape Otway.
If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have tried a disagreement 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 concern the very best interests of the child as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum degree consistent with the very best interest of the kid; and
safeguarding the kids from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
ensuring that children get adequate and proper parenting to assist them achieve their complete potential; and
guaranteeing that parents fulfil their responsibilities, and fulfill their responsibilities, concerning the care, well-being and advancement of their kids.
There are other factors that the Court might consider in any specific scenarios.
Why Choose Our Family Lawyers Cape Otway VIC
We are passionate regarding providing a specialized Family Law service Cape Otway that welcomes you, understands you as well as shows you empathy in tough times. Learn why you can be guaranteed of our commitment to your legal demands.