Accredited Family Law & Separation Specialists In Ballarat
We understand family law. Our Family Lawyers Ballarat have represented numerous family law customers for many years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having particular proficiency in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you acquire the best possible outcome. If you are seeking to engage the services of some of the very best family legal representatives Ballarat has to offer, then look no further. When engaging among our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Ballarat, 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 abandonment are unimportant. The only ground for Divorce is that the marriage has 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 submits the application, or a joint application where both parties file the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and suggests 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 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 residing under the exact same roof or if one has supplied the other with some family services. It may be difficult to establish that separation has occurred in these scenarios and accordingly 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 developed, you or your spouse has to regard Australia as your home, mean to reside in Ballarat indefinitely or otherwise be able to supply 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 actually 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 need to consider that proper plans have been produced any child of the marriage, 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.
When a Divorce has actually been granted the Divorce becomes efficient one month and one day after the Order has been made.
Once a Divorce has taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this period might be given in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Ballarat
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 needed to attend, take part and make an authentic effort in dealing with any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no contract can be reached, even more negotiations can be arranged with the assistance of lawyer, mediators and counsellors Ballarat.
If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have actually attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should regard the very best interests of the kid as the vital factor to consider.
According to 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 significant involvement in their lives, to the optimum extent consistent with the best interest of the child; and
securing the kids from physical and mental damage and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that kids get appropriate and proper parenting to help them achieve their full potential; and
making sure that moms and dads satisfy their tasks, and fulfill their duties, concerning the care, well-being and development of their kids.
There are other aspects that the Court may take into consideration in any particular scenarios.
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