Accredited Family Law & Divorce Specialists In Coleraine
We understand family law. Our Family Solicitors Coleraine have actually represented hundreds of family law customers for many years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular knowledge in divorce, child custody and property division.
We are dedicated 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 get the best possible outcome. If you are seeking to engage the services of some of the best family lawyers Coleraine has to offer, then look no more. When engaging among our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Coleraine, 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 actually 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 marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration 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 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 living under the same roof or if one has actually offered the other with some family services. It might be difficult to establish that separation has actually happened in these circumstances and accordingly the Court will need 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 have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, mean to live in Coleraine indefinitely or otherwise be able to supply evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been wed 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 proper plans have actually 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 household, and under the age of 18.
As soon as a Divorce has been given the Divorce becomes effective one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration may be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Coleraine
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a child’s life.
Prior to the commencement of any Court procedures the parties are required to attend, get involved and make a genuine effort in fixing any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, further negotiations can be arranged with the assistance of lawyer, mediators and counsellors Coleraine.
If no agreement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have attempted a disagreement 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 relate to the very best interests of the kid as the vital consideration.
Inning accordance with area 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 moms and dads having a significant involvement in their lives, to the maximum level consistent with the best interest of the kid; and
securing the kids from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids receive sufficient and correct parenting to help them accomplish their full potential; and
making sure that parents fulfil their duties, and satisfy their duties, concerning the care, well-being and advancement of their children.
There are other factors that the Court might take into account in any specific circumstances.
Why Choose Our Family Lawyers Coleraine VIC
We are passionate regarding offering a specialized Family Law service Coleraine that welcomes you, understands you and also shows you empathy in tough times. Figure out why you can be assured of our commitment to your legal demands.