Accredited Family Law & Separation Specialists In Arthurs Creek
We understand family law. Our Family Solicitors Arthurs Creek have actually represented hundreds of family law clients throughout the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having particular know-how in divorce, child custody and residential or commercial property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you get the best possible outcome. If you are looking to engage the services of a few of the very best family legal representatives Arthurs Creek has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Arthurs Creek, 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 abandonment are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is typically submitted 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 available after a 12 month period of separation. This 12 month separation period is to be a constant period 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 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 living under the very same roof or if one has provided the other with some family services. It may be hard to develop that separation has occurred in these circumstances 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 spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, mean to live in Arthurs Creek indefinitely or otherwise be able to provide evidence that you resided in Australian for a minimum of 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 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 consider that correct arrangements 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 household, and under the age of 18.
As soon as a Divorce has actually been granted the Divorce becomes efficient one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period may be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Arthurs Creek
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the beginning of any Court proceedings the parties are needed to attend, take part and make a real attempt in resolving any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no contract can be reached, even more settlements can be organized with the support of solicitor, conciliators and counsellors Arthurs Creek.
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 require verification that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to relate to the best interests of the child as the vital factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are met by:
guaranteeing that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum degree constant with the very best interest of the child; and
protecting the kids from physical and mental damage and from undergoing, or exposed to, abuse, neglect or family violence; and
making sure that kids receive appropriate and appropriate parenting to help them achieve their full potential; and
guaranteeing that moms and dads fulfil their duties, and satisfy their duties, concerning the care, welfare and development of their children.
There are other aspects that the Court might consider in any particular situations.
Why Choose Our Family Lawyers Arthurs Creek VIC
We are passionate about offering a specialized Family Law service Arthurs Creek that welcomes you, understands you and shows you empathy in tough times. Learn why you can be guaranteed of our commitment to your legal requirements.