Accredited Family Law & Divorce Specialists In Coburg North
We know family law. Our Family Lawyers Coburg North have represented numerous family law clients over the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having particular proficiency 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 possible, then we will represent you skillfully throughout the Court procedure so that you obtain the best possible result. If you are aiming to engage the services of a few of the best family solicitors Coburg North has to offer, then look no further. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Coburg North, 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 desertion are irrelevant. The only ground for Divorce is that the marriage 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 files the application, or a joint application where both parties submit the application together.
An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and indicates more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to handle 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 residing under the exact same roof or if one has actually offered the other with some home services. It may be challenging to establish that separation has occurred in these scenarios and appropriately 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 spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, mean to reside in Coburg North forever or otherwise be able to offer evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In instances 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 consider that correct plans 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 family, 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 actually been made.
As soon as a Divorce has taken effect, there is only a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Coburg North
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the beginning of any Court procedures the parties are required to attend, get involved and make a real attempt in dealing with any parenting problems at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no arrangement can be reached, further negotiations can be organized with the assistance of lawyer, mediators and counsellors Coburg North.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have actually attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should regard the very best interests of the child as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum level consistent with the very best interest of the kid; and
securing the kids from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that children get appropriate and appropriate parenting to help them accomplish their complete potential; and
making sure that moms and dads fulfil their tasks, and satisfy their duties, concerning the care, welfare and development of their children.
There are other factors that the Court may take into consideration in any particular situations.
Why Choose Our Family Lawyers Coburg North VIC
We are passionate regarding providing a specialized Family Law service Coburg North that welcomes you, understands you as well as shows you empathy in difficult times. Find out why you can be guaranteed of our commitment to your legal demands.