Accredited Family Law & Separation Specialists In Avalon
We know family law. Our Family Solicitors Avalon have represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having specific proficiency in divorce, child custody and property division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you get the very best possible outcome. If you are looking to engage the services of a few of the best family lawyers Avalon has to offer, then look no further. When engaging among our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Avalon, 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 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 generally 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 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 suggests 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 deal with 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 very same roof or if one has offered the other with some household services. It may be hard to develop that separation has actually occurred in these scenarios and appropriately the Court will need evidence in assistance 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 person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to reside in Avalon forever or otherwise be able to offer proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually 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 have to think about that correct arrangements have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has 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 been granted the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has actually worked, there is just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this period might be approved in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Avalon
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 beginning of any Court proceedings the parties are needed to go to, participate and make a real attempt in dealing with any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more settlements can be arranged with the help of solicitor, mediators and counsellors Avalon.
If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must relate to the very best interests of the child as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the children have the advantage of both of their moms and dads having a meaningful participation in their lives, to the optimum level consistent with the best interest of the kid; and
protecting the kids from physical and mental damage and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that kids receive adequate and proper parenting to assist them achieve their complete potential; and
making sure that moms and dads satisfy their duties, and fulfill their duties, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court might take into account in any particular scenarios.
Why Choose Our Family Lawyers Avalon VIC
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