Accredited Family Law & Divorce Specialists In Collingwood
We know family law. Our Family Lawyers Collingwood have represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having particular expertise in divorce, child custody and residential or commercial property division.
We are devoted to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you acquire the best possible outcome. If you are aiming to engage the services of a few of the best family lawyers Collingwood has to offer, then look no further. When engaging among our experts, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Collingwood, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally 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 offered after a 12 month duration of separation. This 12 month separation period is to be a constant duration and indicates more than physical separation where there is no probability 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 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 supplied the other with some family services. It may be hard to develop that separation has actually happened in these scenarios 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 person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to live in Collingwood forever or otherwise have the ability to offer proof that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has actually been wed for less than 2 years, the Court needs 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 proper arrangements have actually been made for any child of the marital relationship, 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.
When a Divorce has been approved the Divorce ends up being efficient one month and one day after the Order has been made.
When a Divorce has worked, there is only a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this period may be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Collingwood
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the beginning of any Court procedures the parties are required to attend, participate and make an authentic attempt in solving any parenting problems at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be set up with the assistance of solicitor, arbitrators and counsellors Collingwood.
If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to relate to the best interests of the child as the critical factor to consider.
According to area 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 extent constant with the very best interest of the kid; and
protecting the children from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids get adequate and appropriate parenting to help them attain their complete potential; and
making sure that parents fulfil their tasks, and fulfill their obligations, concerning the care, well-being and advancement of their children.
There are other aspects that the Court might consider in any particular scenarios.
Why Choose Our Family Lawyers Collingwood VIC
We are passionate about giving a specialty Family Law service Collingwood that welcomes you, understands you and shows you empathy in challenging times. Discover why you can be assured of our commitment to your legal needs.