Accredited Family Law & Divorce Specialists In South Geelong
We know family law. Our Family Solicitors South Geelong have actually represented numerous family law customers over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having particular knowledge in divorce, child custody and home 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 skillfully throughout the Court process so that you obtain the very best possible result. If you are looking to engage the services of a few of the best family legal representatives South Geelong has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In South Geelong, the Family Law Act 1975 developed 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 infidelity, violence or desertion are unimportant. 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 period is to be a continuous period and indicates more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in circumstances where the Court does not have jurisdiction to handle the matter or otherwise where the parties to the proceedings have not been separated for more than 12 months.
An application can still be made while the parties are living under the very same roof or if one has actually offered the other with some household services. It may be tough to establish that separation has actually taken place 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 partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to live in South Geelong forever or otherwise be able to provide proof that you resided in Australian for a minimum of 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 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 arrangements have actually been produced any child of the marital relationship, 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 household, and under the age of 18.
When a Divorce has actually been approved the Divorce becomes efficient one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period may be granted in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders South Geelong
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are needed to go to, get involved and make a real attempt in resolving any parenting problems at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no contract can be reached, further negotiations can be set up with the assistance of solicitor, mediators and counsellors South Geelong.
If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must regard the best interests of the kid as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum degree constant with the best interest of the kid; and
safeguarding the children from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids get sufficient and proper parenting to assist them accomplish their full potential; and
making sure that parents satisfy their duties, and fulfill their obligations, concerning the care, well-being and advancement of their kids.
There are other elements that the Court may consider in any particular scenarios.
Why Choose Our Family Lawyers South Geelong VIC
We are passionate about offering a specialty Family Law service South Geelong that welcomes you, understands you and shows you empathy in tough times. Find out why you can be guaranteed of our dedication to your legal needs.