Accredited Family Law & Separation Specialists In Arawata
We know family law. Our Family Solicitors Arawata have represented numerous family law customers for many years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having particular know-how in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you get the best possible result. If you are looking to engage the services of a few of the very best family legal representatives Arawata has to offer, then look no more. When engaging among our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Arawata, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is generally 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 period of separation. This 12 month separation duration is to be a continuous duration and indicates 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 household services. It might be difficult to establish that separation has taken place in these circumstances and appropriately the Court will need 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 need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to reside in Arawata indefinitely or otherwise be able to provide evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been married for less than 2 years, the Court needs the parties to attend 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 appropriate plans have been made for 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 home, and under the age of 18.
Once a Divorce has actually 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 maintenance. An extension to this duration may be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Arawata
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the beginning of any Court proceedings the parties are required to participate in, get involved and make a real effort in solving any parenting problems at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more negotiations can be set up with the help of lawyer, conciliators and counsellors Arawata.
If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need 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 beginning of Court proceedings.
In parenting matters, a Court should relate to 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 fulfilled by:
guaranteeing that the kids have the benefit of both of their parents having a significant participation in their lives, to the optimum extent constant with the best interest of the child; and
securing the children from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that children get sufficient and correct parenting to help them accomplish their complete potential; and
guaranteeing that parents satisfy their tasks, and fulfill their duties, concerning the care, well-being and development of their children.
There are other elements that the Court may take into consideration in any particular situations.
Why Choose Our Family Lawyers Arawata VIC
We are passionate about providing a specialized Family Law service Arawata that welcomes you, understands you as well as shows you empathy in hard times. Figure out why you can be assured of our commitment to your legal needs.