Accredited Family Law & Separation Specialists In Tambo Crossing
We understand family law. Our Family Solicitors Tambo Crossing have represented hundreds of family law customers over the years and act for mums, fathers, 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 expertise in divorce, child custody and property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you get the best possible result. If you are aiming to engage the services of some of the very best family solicitors Tambo Crossing has to offer, then look no further. When engaging among our professionals, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Tambo Crossing, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means 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 broken down irretrievably.
Any application for Divorce is usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation duration is to be a constant period and implies more than physical separation where there is no possibility 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 not been separated for more than 12 months.
An application can still be made while the parties are residing under the very same roof or if one has actually provided the other with some home services. It may be tough to establish that separation has taken place in these circumstances and accordingly the Court will require evidence 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 citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to live in Tambo Crossing indefinitely or otherwise be able to offer proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has been married for less than 2 years, the Court requires 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 been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, and under the age of 18.
As soon as a Divorce has been granted the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this duration might be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Tambo Crossing
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 procedures the parties are needed to attend, get involved and make an authentic attempt in resolving any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more settlements can be organized with the assistance of lawyer, mediators and counsellors Tambo Crossing.
If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to concern the best interests of the kid as the paramount factor to consider.
According to section 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 level consistent with the very best interest of the kid; 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 sufficient and proper parenting to assist them attain their complete potential; and
ensuring that parents satisfy their responsibilities, and fulfill their obligations, concerning the care, well-being and advancement of their kids.
There are other elements that the Court might take into consideration in any particular scenarios.
Why Choose Our Family Lawyers Tambo Crossing VIC
We are passionate about providing a specialized Family Law service Tambo Crossing that welcomes you, understands you and shows you empathy in difficult times. Discover why you can be guaranteed of our commitment to your legal needs.