Accredited Family Law & Divorce Specialists In Big Pats Creek
We understand family law. Our Family Solicitors Big Pats Creek have represented numerous family law customers throughout the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific expertise in divorce, child custody and property division.
We are devoted to assisting you settle your matter as rapidly 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 result. If you are planning to engage the services of some of the very best family lawyers Big Pats Creek has to offer, then look no more. When engaging among our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Big Pats Creek, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept 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 irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is typically filed 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 submit 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 period and suggests 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 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 actually provided the other with some family services. It may be tough to establish that separation has actually occurred in these circumstances and accordingly the Court will require evidence in support 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 citizen 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 Big Pats Creek indefinitely or otherwise be able to offer evidence that you lived in Australian for at least 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 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 have to think about that appropriate arrangements 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.
Once a Divorce has been approved the Divorce becomes reliable one month and one day after the Order has actually been made.
Once a Divorce has 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 may be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Big Pats Creek
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a child’s life.
Prior to the commencement of any Court procedures the parties are needed to go to, get involved and make a genuine effort in resolving any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no contract can be reached, even more settlements can be organized with the help of lawyer, arbitrators and counsellors Big Pats Creek.
If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must regard the very best interests of the kid as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum extent constant with the very best interest of the kid; and
protecting the children from physical and psychological damage and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get sufficient and appropriate parenting to assist them achieve their complete potential; and
making sure that moms and dads fulfil their duties, and satisfy their responsibilities, concerning the care, well-being and development of their children.
There are other elements that the Court may consider in any particular circumstances.
Why Choose Our Family Lawyers Big Pats Creek VIC
We are passionate about offering a specialty Family Law service Big Pats Creek that welcomes you, understands you and shows you empathy in challenging times. Find out why you can be guaranteed of our dedication to your legal demands.