Call Us 1300 241 740

Family Lawyer Barkstead VIC

Family Lawyer Barkstead VIC

Accredited Family Law & Divorce Specialists In Barkstead

We know family law. Our Family Lawyers Barkstead have represented numerous family law clients over the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having specific knowledge in divorce, child custody and home division.

We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you get the very best possible result. If you are looking to engage the services of some of the very best family solicitors Barkstead has to offer, then look no further. When engaging among our professionals, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Barkstead, the Family Law Act 1975 developed 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 marital relationship has broken down irretrievably.

Any application for Divorce is usually 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 only readily available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and means more than physical separation where there is no possibility of reconciliation.

The application can be opposed in scenarios 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 exact same roof or if one has provided the other with some home services. It might be tough to establish that separation has occurred in these scenarios and appropriately 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 spouse will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to live in Barkstead indefinitely or otherwise be able to provide proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances where a couple has been wed for less than 2 years, the Court requires 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 think about that appropriate arrangements have actually 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 family, and under the age of 18.

Once a Divorce has been granted the Divorce becomes reliable one month and one day after the Order has actually been made.

Once a Divorce has actually worked, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period may be granted in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Barkstead

Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.

Prior to the commencement of any Court proceedings the parties are needed to attend, get involved and make a genuine attempt in fixing any parenting problems at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If a contract is reached the terms of that contract can be formalised through an Application for Approval Orders. If no contract can be reached, even more negotiations can be set up with the help of lawyer, arbitrators and counsellors Barkstead.

If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.

In parenting matters, a Court needs to concern the best interests of the child as the vital factor to consider.

According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:

ensuring that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the maximum extent consistent with the very best interest of the kid; and

safeguarding the children from physical and mental damage and from being subjected to, or exposed to, abuse, overlook or family violence; and

making sure that kids receive adequate and proper parenting to help them attain their complete potential; and

ensuring that parents fulfil their responsibilities, and fulfill their responsibilities, concerning the care, well-being and advancement of their children.

There are other elements that the Court might take into consideration in any specific situations.

Why Choose Our Family Lawyers Barkstead VIC

We are passionate regarding offering a specialized Family Law service Barkstead that welcomes you, understands you and also shows you empathy in tough times. Find out why you can be assured of our dedication to your legal needs.

Business Results 1 - 5 of 0

 
 

About: admin2018


Call Now ButtonCall Now