Accredited Family Law & Divorce Specialists In Boolarra South
We understand family law. Our Family Lawyers Boolarra South have actually represented hundreds of family law customers for many years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having specific expertise in divorce, child custody and property division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you get the very best possible outcome. If you are wanting to engage the services of a few of the very best family lawyers Boolarra South 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 marital relationship.
In Boolarra South, 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 infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally filed 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 duration of separation. This 12 month separation duration 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 residing under the same roof or if one has provided the other with some household services. It might be hard to establish that separation has actually taken place in these scenarios and accordingly the Court will need proof in support 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 developed, you or your partner has to regard Australia as your home, plan to live in Boolarra South forever or otherwise be able to offer proof that you lived in Australian for at least 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 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 plans have actually been produced any child of the marital relationship, 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 home, and under the age of 18.
As soon as a Divorce has actually been granted the Divorce becomes reliable one month and one day after the Order has actually been made.
As soon as 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 duration may be given in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Boolarra South
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, participate and make a genuine effort in solving any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no agreement can be reached, further settlements can be set up with the support of solicitor, conciliators and counsellors Boolarra South.
If no contract can be reached outside of 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 disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must regard the best interests of the kid as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the kids have the advantage of both of their parents having a significant participation in their lives, to the optimum extent constant with the best interest of the kid; and
protecting the kids from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that children receive sufficient and correct parenting to assist them achieve their full potential; and
making sure that parents satisfy their tasks, and satisfy their responsibilities, concerning the care, well-being and development of their kids.
There are other factors that the Court may take into consideration in any specific situations.
Why Choose Our Family Lawyers Boolarra South VIC
We are passionate regarding offering a specialty Family Law service Boolarra South that welcomes you, understands you and also shows you empathy in challenging times. Figure out why you can be guaranteed of our dedication to your legal needs.