Accredited Family Law & Separation Specialists In Tamleugh West
We know family law. Our Family Solicitors Tamleugh West have actually represented numerous family law customers throughout the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular competence in divorce, child custody and home division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you obtain the very best possible outcome. If you are seeking to engage the services of some of the very best family lawyers Tamleugh West has to offer, then look no more. When engaging one of our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Tamleugh West, the Family Law Act 1975 established 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 allegations of adultery, 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 usually submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties submit 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 duration and suggests more than physical separation where there is no probability 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 very same roof or if one has supplied the other with some home services. It may be challenging to establish that separation has happened in these scenarios and accordingly the Court will require 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 have to be an Australia resident 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 Tamleugh West indefinitely or otherwise have the ability to provide evidence 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 needs 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 think about that appropriate 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 dealt with as a member of that household, and under the age of 18.
Once a Divorce has actually been given the Divorce becomes efficient one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period might be approved in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Tamleugh West
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 commencement of any Court proceedings the parties are needed to participate in, take part and make an authentic attempt in fixing any parenting problems at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further settlements can be arranged with the assistance of lawyer, arbitrators and counsellors Tamleugh West.
If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a disagreement 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 must relate to the best interests of the child as the vital factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum degree constant with the very best interest of the kid; and
protecting the children from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that kids get adequate and correct parenting to assist them achieve their complete potential; and
guaranteeing that parents satisfy their duties, and fulfill their obligations, concerning the care, well-being and development of their kids.
There are other factors that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Tamleugh West VIC
We are passionate about offering a specialized Family Law service Tamleugh West that welcomes you, understands you and also shows you empathy in tough times. Find out why you can be guaranteed of our commitment to your legal requirements.