Accredited Family Law & Separation Specialists In Briagolong
We know family law. Our Family Solicitors Briagolong have represented numerous family law clients throughout the years and act for mums, fathers, grandmas, grandfathers, 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 specific knowledge in divorce, child custody and home division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you get the best possible outcome. If you are looking to engage the services of a few of the best family solicitors Briagolong has to offer, then look no more. When engaging one of our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Briagolong, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation period is to be a constant period and means more than physical separation where there is no probability of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to handle 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 same roof or if one has offered the other with some home services. It might be challenging to establish that separation has taken place in these situations and accordingly the Court will require evidence 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 developed, you or your spouse needs to regard Australia as your home, plan to reside in Briagolong forever or otherwise be able to offer proof that you resided 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 requires the parties to attend 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 proper arrangements have actually 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 dealt with as a member of that family, and under the age of 18.
When a Divorce has actually been given the Divorce becomes efficient one month and one day after the Order has actually been made.
When a Divorce has actually worked, there is just a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Briagolong
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the commencement of any Court procedures the parties are needed to go to, participate and make an authentic attempt in solving any parenting concerns at a family conflict 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 arrangement can be reached, even more negotiations can be set up with the support of lawyer, arbitrators and counsellors Briagolong.
If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have tried a dispute 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 needs to concern the very best interests of the kid as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the children have the benefit of both of their moms and dads having a significant participation in their lives, to the maximum extent constant with the best interest of the child; and
safeguarding the children from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and
ensuring that kids receive appropriate and proper parenting to assist them achieve their complete potential; and
guaranteeing that moms and dads fulfil their tasks, and fulfill their obligations, concerning the care, well-being and advancement of their kids.
There are other elements that the Court might consider in any specific situations.
Why Choose Our Family Lawyers Briagolong VIC
We are passionate regarding giving a specialty Family Law service Briagolong that welcomes you, understands you and also shows you empathy in hard times. Find out why you can be guaranteed of our commitment to your legal requirements.