Accredited Family Law & Separation Specialists In Cundare
We know family law. Our Family Solicitors Cundare have actually represented numerous family law customers for many years and act for mums, fathers, grandmothers, grandfathers, 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 specific expertise in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you obtain the very best possible result. If you are planning to engage the services of some of the best family solicitors Cundare has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Cundare, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is generally filed 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 file 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 constant period and implies more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations 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 same roof or if one has actually offered the other with some family services. It might be tough 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 duration of 12 months of separation, either you or your partner will need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, plan to live in Cundare indefinitely or otherwise have the ability to supply proof that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has actually been married 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 think about that proper 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 treated as a member of that home, and under the age of 18.
Once a Divorce has been given the Divorce becomes efficient one month and one day after the Order has been made.
When a Divorce has worked, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration might be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Cundare
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the start of any Court procedures the parties are required to participate in, take part and make an authentic attempt in resolving any parenting issues at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no arrangement can be reached, further negotiations can be organized with the support of lawyer, arbitrators and counsellors Cundare.
If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have actually 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 proceedings.
In parenting matters, a Court should relate to 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:
making sure that the children have the advantage of both of their parents having a significant participation in their lives, to the optimum extent consistent with the very best interest of the child; and
protecting the children from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive sufficient and correct parenting to help them accomplish their complete potential; and
ensuring that parents fulfil their responsibilities, and satisfy their responsibilities, concerning the care, well-being and advancement of their kids.
There are other elements that the Court may consider in any specific circumstances.
Why Choose Our Family Lawyers Cundare VIC
We are passionate about giving a specialized Family Law service Cundare that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be assured of our commitment to your legal needs.