Accredited Family Law & Divorce Specialists In Abbeyard
We know family law. Our Family Solicitors Abbeyard have actually represented numerous family law clients over the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having particular know-how 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 procedure so that you obtain the best possible result. If you are seeking to engage the services of some of the best family solicitors Abbeyard has to offer, then look no further. When engaging among our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Abbeyard, the Family Law Act 1975 established 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 accusations 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 typically filed 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 file the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation period is to be a continuous duration 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 residing under the very same roof or if one has offered the other with some household services. It might be challenging to establish that separation has 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 need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, plan to reside in Abbeyard forever or otherwise be able to supply evidence 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 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 consider that correct arrangements 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 dealt with as a member of that family, and under the age of 18.
Once a Divorce has actually been given the Divorce becomes reliable one month and one day after the Order has actually been made.
As soon as a Divorce has actually taken effect, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Abbeyard
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 child’s life.
Prior to the start of any Court proceedings the parties are required to attend, get involved and make an authentic attempt in dealing with any parenting concerns at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, further settlements can be set up with the assistance of lawyer, mediators and counsellors Abbeyard.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should relate to the very best interests of the kid as the paramount consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum extent constant with the best interest of the child; and
safeguarding the kids from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
making sure that kids get sufficient and correct parenting to assist them accomplish their full potential; and
ensuring that parents fulfil their tasks, and fulfill their duties, concerning the care, well-being and development of their children.
There are other factors that the Court might consider in any particular scenarios.
Why Choose Our Family Lawyers Abbeyard VIC
We are passionate about providing a specialized Family Law service Abbeyard that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be guaranteed of our commitment to your legal needs.