Accredited Family Law & Separation Specialists In Ardmona
We know family law. Our Family Solicitors Ardmona have actually represented numerous family law customers over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific competence in divorce, child custody and residential or commercial property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you acquire the very best possible outcome. If you are wanting to engage the services of some of the very best family lawyers Ardmona has to offer, then look no more. When engaging among our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Ardmona, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is generally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship 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 continuous period and means 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 deal with 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 residing under the same roof or if one has actually provided the other with some household services. It may be hard to establish that separation has actually happened in these circumstances 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 partner will have 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 Ardmona forever or otherwise be able to offer evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances 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 need to think about that proper plans have been made for any child of the marital relationship, 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 family, and under the age of 18.
Once a Divorce has been granted the Divorce becomes effective one month and one day after the Order has been made.
Once a Divorce has taken effect, there is just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration might be granted in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Ardmona
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the commencement of any Court proceedings the parties are needed to go to, get involved and make a real attempt in dealing with any parenting problems 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, even more negotiations can be organized with the assistance of lawyer, mediators and counsellors Ardmona.
If no contract can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should relate to the very best interests of the child as the vital consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the children have the benefit of both of their parents having a meaningful participation in their lives, to the maximum extent constant with the very best interest of the child; and
securing the kids from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that kids receive sufficient and appropriate parenting to help them accomplish their full potential; and
ensuring that parents satisfy their responsibilities, and fulfill their responsibilities, concerning the care, welfare and development of their children.
There are other factors that the Court might consider in any particular situations.
Why Choose Our Family Lawyers Ardmona VIC
We are passionate about giving a specialized Family Law service Ardmona that welcomes you, understands you and also shows you empathy in challenging times. Find out why you can be guaranteed of our commitment to your legal demands.