Accredited Family Law & Divorce Specialists In Cardigan Village
We know family law. Our Family Lawyers Cardigan Village have represented hundreds of family law customers for many years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having specific knowledge in divorce, child custody and residential or commercial property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you get the best possible outcome. If you are seeking to engage the services of a few of the very best family lawyers Cardigan Village has to offer, then look no more. 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 marital relationship.
In Cardigan Village, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, 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 submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties file the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation duration is to be a continuous period 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 living under the very same roof or if one has actually offered the other with some household services. It may be difficult to establish that separation has actually occurred in these circumstances and accordingly the Court will require evidence in assistance 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 established, you or your spouse needs to regard Australia as your home, plan to live in Cardigan Village indefinitely or otherwise be able to supply evidence that you lived in Australian for at least 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 produced any child of the marriage, 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.
As soon as a Divorce has actually been given the Divorce ends up being reliable one month and one day after the Order has been made.
As soon as a Divorce has actually taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period might be approved in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Cardigan Village
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the beginning of any Court proceedings the parties are required to participate in, get involved and make a genuine effort in dealing with any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more settlements can be organized with the support of lawyer, arbitrators and counsellors Cardigan Village.
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 require confirmation that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to regard the best interests of the child as the vital factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the kids have the benefit of both of their parents having a significant involvement in their lives, to the maximum degree constant with the best interest of the kid; and
securing the children from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and
making sure that children get adequate and proper parenting to help them accomplish their complete potential; and
ensuring that parents satisfy their responsibilities, and meet their responsibilities, concerning the care, welfare and advancement of their children.
There are other factors that the Court might consider in any specific situations.
Why Choose Our Family Lawyers Cardigan Village VIC
We are passionate about providing a specialty Family Law service Cardigan Village that welcomes you, understands you as well as shows you empathy in challenging times. Find out why you can be guaranteed of our commitment to your legal requirements.