Accredited Family Law & Divorce Specialists In Birdwoodton
We know family law. Our Family Lawyers Birdwoodton have represented numerous family law clients over 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 elements of family law, having particular competence in divorce, child custody and residential or commercial property division.
We are dedicated 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 process so that you obtain the best possible result. If you are planning to engage the services of some of the best family legal representatives Birdwoodton has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Birdwoodton, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates 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 marriage has 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 marital relationship files the application, or a joint application where both parties submit the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and indicates more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations where the Court does not have jurisdiction to handle 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 actually supplied the other with some household services. It may be hard to establish that separation has actually occurred in these circumstances and accordingly the Court will require 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 established, you or your partner needs to regard Australia as your home, plan to reside in Birdwoodton indefinitely or otherwise have the ability 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 been married for less than 2 years, the Court needs the parties to participate in 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 marital relationship, or a child from another relationship, or a child who has 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 approved the Divorce ends up being efficient one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period might be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Birdwoodton
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 procedures the parties are needed to go to, participate and make a genuine effort in solving any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be arranged with the help of solicitor, mediators and counsellors Birdwoodton.
If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court should relate to the best interests of the child as the paramount consideration.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum degree constant with the very best interest of the kid; and
protecting the children from physical and psychological harm and from undergoing, or exposed to, abuse, overlook or family violence; and
guaranteeing that children get appropriate and appropriate parenting to assist them attain their complete potential; and
ensuring that parents fulfil their tasks, and meet their responsibilities, concerning the care, welfare and development of their children.
There are other aspects that the Court may take into consideration in any specific circumstances.
Why Choose Our Family Lawyers Birdwoodton VIC
We are passionate about giving a specialty Family Law service Birdwoodton that welcomes you, understands you as well as shows you empathy in challenging times. Learn why you can be assured of our dedication to your legal requirements.