Accredited Family Law & Divorce Specialists In Barrakee
We know family law. Our Family Lawyers Barrakee have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having specific expertise in divorce, child custody and property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you get the very best possible outcome. If you are looking to engage the services of some of the best family solicitors Barrakee has to offer, then look no further. When engaging among our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Barrakee, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests 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 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 only offered after a 12 month period of separation. This 12 month separation period is to be a constant period and implies 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 same roof or if one has supplied the other with some home services. It may be challenging 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 spouse will need 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, plan to reside in Barrakee forever or otherwise be able to provide proof that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been married for less than 2 years, the Court requires the parties to go to 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 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 treated as a member of that family, and under the age of 18.
Once a Divorce has actually been granted the Divorce ends up being efficient one month and one day after the Order has actually been made.
When a Divorce has actually taken effect, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period might be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Barrakee
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the start of any Court proceedings the parties are needed to go to, take part and make a real effort in fixing any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no contract can be reached, even more negotiations can be organized with the help of lawyer, conciliators and counsellors Barrakee.
If no arrangement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have actually 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 procedures.
In parenting matters, a Court must relate to the best interests of the kid as the vital factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum degree consistent with the best interest of the child; and
securing the kids from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that children get adequate and appropriate parenting to help them accomplish their full potential; and
ensuring that moms and dads fulfil their duties, and fulfill their duties, concerning the care, welfare and advancement of their kids.
There are other factors that the Court may consider in any specific situations.
Why Choose Our Family Lawyers Barrakee VIC
We are passionate about offering a specialty Family Law service Barrakee that welcomes you, understands you and also shows you empathy in challenging times. Find out why you can be guaranteed of our commitment to your legal needs.