Accredited Family Law & Separation Specialists In Tamleugh North
We know family law. Our Family Solicitors Tamleugh North have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having particular competence 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 attainable, then we will represent you skillfully throughout the Court process so that you get the very best possible result. If you are looking to engage the services of a few of the best family legal representatives Tamleugh North has to offer, then look no further. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Tamleugh North, 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 adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is usually submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and implies more than physical separation where there is no possibility of reconciliation.
The application can be opposed in situations 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 exact same roof or if one has provided the other with some household services. It might be difficult to establish that separation has actually taken place in these situations and accordingly the Court will require proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to reside in Tamleugh North indefinitely or otherwise be able to supply 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 need to consider that correct arrangements have been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that household, 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 worked, there is only a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Tamleugh North
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 beginning of any Court proceedings the parties are needed to attend, take part and make a real effort in solving any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Consent Orders. If no contract can be reached, further negotiations can be set up with the support of solicitor, conciliators and counsellors Tamleugh North.
If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to regard the best interests of the child as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the kids have the benefit of both of their parents having a significant involvement in their lives, to the maximum extent constant with the very best interest of the child; and
securing the children from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids get appropriate and appropriate parenting to help them attain their complete potential; and
making sure that moms and dads fulfil their tasks, and meet their obligations, concerning the care, welfare and advancement of their kids.
There are other elements that the Court may take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Tamleugh North VIC
We are passionate regarding offering a specialized Family Law service Tamleugh North that welcomes you, understands you and shows you empathy in challenging times. Find out why you can be assured of our commitment to your legal demands.