Accredited Family Law & Divorce Specialists In Tabor
We know family law. Our Family Lawyers Tabor have represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having particular competence in divorce, child custody and 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 get the best possible outcome. If you are planning to engage the services of a few of the very best family legal representatives Tabor has to offer, then look no further. When engaging among our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Tabor, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship 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 marital relationship files the application, or a joint application where both parties file 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 possibility 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 residing under the same roof or if one has supplied the other with some family services. It may be hard to develop that separation has taken place in these circumstances and accordingly the Court will require evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need 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, intend to reside in Tabor indefinitely or otherwise be able 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 been married for less than 2 years, the Court needs 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 think about that correct 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.
As soon as a Divorce has been given the Divorce becomes effective one month and one day after the Order has been made.
When a Divorce has worked, there is just a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this duration may be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Tabor
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are required to participate in, get involved and make an authentic effort in dealing with any parenting concerns at a household conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more settlements can be arranged with the help of solicitor, mediators and counsellors Tabor.
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 require confirmation 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 proceedings.
In parenting matters, a Court must regard the very 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 satisfied 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 constant with the very best interest of the child; and
securing the children from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids get adequate and proper parenting to help them achieve their complete potential; and
making sure that moms and dads fulfil their tasks, and meet their obligations, concerning the care, well-being and development of their children.
There are other factors that the Court may take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Tabor VIC
We are passionate regarding offering a specialty Family Law service Tabor that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be guaranteed of our commitment to your legal requirements.