Accredited Family Law & Divorce Specialists In Allambee
We understand family law. Our Family Solicitors Allambee have represented hundreds of family law clients 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 knowledge in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you get the very best possible result. If you are looking to engage the services of a few of the very best family solicitors Allambee has to offer, then look no further. 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 marital relationship.
In Allambee, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has actually 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 marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation duration is to be a constant duration and means 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 actually not been separated for more than 12 months.
An application can still be made while the parties are living under the very same roof or if one has provided the other with some home services. It may be difficult to establish that separation has actually happened in these circumstances and accordingly the Court will need 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 have 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, mean to reside in Allambee indefinitely or otherwise have the ability to offer evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been wed 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 proper arrangements have been made for 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.
When a Divorce has been approved the Divorce becomes effective one month and one day after the Order has been made.
Once a Divorce has taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this duration might be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Allambee
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court procedures the parties are required to attend, take part and make an authentic effort in resolving any parenting concerns at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no contract can be reached, further negotiations can be organized with the assistance of solicitor, arbitrators and counsellors Allambee.
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 verification that the parties have actually attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting 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 critical factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the children have the benefit of both of their parents having a significant participation in their lives, to the maximum level consistent with the very best interest of the child; and
protecting the kids from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that children get sufficient and correct parenting to assist them attain their complete potential; and
making sure that parents satisfy their responsibilities, and meet their responsibilities, concerning the care, welfare and advancement of their children.
There are other elements that the Court might take into account in any specific scenarios.
Why Choose Our Family Lawyers Allambee VIC
We are passionate regarding providing a specialty Family Law service Allambee that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be assured of our commitment to your legal demands.