Accredited Family Law & Separation Specialists In Blackwood
We know family law. Our Family Solicitors Blackwood 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 particular proficiency in divorce, child custody and residential or commercial property division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you acquire the best possible result. If you are aiming to engage the services of some of the best family legal representatives Blackwood has to offer, then look no more. When engaging among our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Blackwood, the Family Law Act 1975 established 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 desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is typically 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 file 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 continuous period and means more than physical separation where there is no probability 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 offered the other with some household services. It may be challenging to develop that separation has actually taken place in these situations and appropriately 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 partner will need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, mean to reside in Blackwood forever or otherwise be able to offer proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been married for less than 2 years, the Court requires 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 have to consider that proper plans have been made for any child of the marital relationship, or a child from another relationship, or a child who has 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 approved the Divorce becomes effective one month and one day after the Order has been made.
When a Divorce has worked, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period might be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Blackwood
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the beginning of any Court procedures the parties are needed to participate in, get involved and make a genuine attempt in solving any parenting issues at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be organized with the help of lawyer, conciliators and counsellors Blackwood.
If no agreement 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 proceedings.
In parenting matters, a Court should concern the best interests of the child as the critical consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the children have the benefit of both of their parents having a meaningful participation in their lives, to the optimum degree constant with the best interest of the kid; and
protecting the children from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that children receive sufficient and appropriate parenting to help them attain their complete potential; and
guaranteeing that moms and dads fulfil their tasks, and meet their obligations, concerning the care, welfare and development of their children.
There are other elements that the Court may take into account in any particular circumstances.
Why Choose Our Family Lawyers Blackwood VIC
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