Accredited Family Law & Divorce Specialists In Cockatoo
We understand family law. Our Family Solicitors Cockatoo have represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having particular proficiency in divorce, child custody and property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you obtain the very best possible result. If you are seeking to engage the services of some of the best family legal representatives Cockatoo has to offer, then look no further. When engaging among our specialists, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Cockatoo, 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 unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally 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 just offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and suggests more than physical separation where there is no possibility 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 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 supplied the other with some household services. It might be challenging to develop that separation has actually occurred in these circumstances and appropriately 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, mean to reside in Cockatoo indefinitely or otherwise be able to offer proof that you resided 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 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 need to consider that proper arrangements have been produced any child of the marriage, or a child from another relationship, or a child who has actually 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 granted the Divorce becomes efficient one month and one day after the Order has been made.
Once a Divorce has actually worked, there is only a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this duration may be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Cockatoo
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the commencement of any Court proceedings the parties are needed to go to, participate and make a genuine attempt in fixing any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more settlements can be organized with the assistance of solicitor, conciliators and counsellors Cockatoo.
If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to concern the very best interests of the kid as the critical factor to consider.
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 advantage of both of their parents having a significant participation in their lives, to the maximum degree constant with the best interest of the kid; and
securing the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids get adequate and appropriate parenting to assist them achieve their full potential; and
making sure that moms and dads satisfy their duties, and fulfill their responsibilities, concerning the care, well-being and development of their children.
There are other aspects that the Court might take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Cockatoo VIC
We are passionate regarding providing a specialty Family Law service Cockatoo that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be guaranteed of our commitment to your legal needs.