Accredited Family Law & Separation Specialists In Armstrong Creek
We understand family law. Our Family Solicitors Armstrong Creek have actually represented numerous family law customers for many years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors 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 achievable, then we will represent you skillfully throughout the Court process so that you get the best possible outcome. If you are looking to engage the services of some of the very best family lawyers Armstrong Creek has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Armstrong Creek, 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 adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally submitted 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 submit the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation duration is to be a constant period and implies more than physical separation where there is no probability 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 not been separated for more than 12 months.
An application can still be made while the parties are living under the same roof or if one has actually offered the other with some family services. It may be tough to establish that separation has actually happened in these scenarios and appropriately the Court will need proof in assistance of the application.
In addition to the requirements of a period 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 spouse needs to regard Australia as your home, plan to live in Armstrong Creek indefinitely or otherwise have the ability to supply 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 wed 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 have to consider that appropriate arrangements have actually 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 treated as a member of that family, and under the age of 18.
When a Divorce has actually been given the Divorce becomes reliable one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration might be approved in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Armstrong Creek
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 beginning of any Court proceedings the parties are needed to participate in, take part and make a genuine effort in solving any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further negotiations can be organized with the help of solicitor, conciliators and counsellors Armstrong Creek.
If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court should concern the very best interests of the kid as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the kids have the advantage of both of their parents having a significant involvement in their lives, to the optimum extent constant with the best interest of the kid; and
protecting the children from physical and mental damage and from going through, or exposed to, abuse, overlook or family violence; and
ensuring that children receive adequate and correct parenting to assist them achieve their full potential; and
guaranteeing that moms and dads fulfil their duties, and fulfill their duties, concerning the care, well-being and development of their kids.
There are other factors that the Court may take into account in any particular circumstances.
Why Choose Our Family Lawyers Armstrong Creek VIC
We are passionate regarding providing a specialized Family Law service Armstrong Creek that welcomes you, understands you and also shows you empathy in challenging times. Find out why you can be assured of our commitment to your legal requirements.