Accredited Family Law & Separation Specialists In Cabbage Tree Creek
We understand family law. Our Family Lawyers Cabbage Tree Creek have represented hundreds of family law customers over the years and act for mums, fathers, grandmothers, grandfathers, married 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 particular knowledge in divorce, child custody and residential or commercial property division.
We are committed 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 obtain the very best possible outcome. If you are wanting to engage the services of some of the very best family legal representatives Cabbage Tree Creek has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Cabbage Tree Creek, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, 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 file the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and means more than physical separation where there is no possibility of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to deal with 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 very same roof or if one has offered the other with some family services. It may be difficult to establish that separation has actually occurred in these situations and appropriately the Court will need proof in assistance 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, intend to live in Cabbage Tree Creek indefinitely 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 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 need to consider that appropriate arrangements have actually 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 treated as a member of that household, 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 actually been made.
As soon as a Divorce has actually taken effect, there is only a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this duration may be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Cabbage Tree Creek
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the beginning of any Court procedures the parties are required to go to, take part and make a genuine attempt in fixing any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no agreement can be reached, further negotiations can be arranged with the support of solicitor, conciliators and counsellors Cabbage Tree Creek.
If no agreement can be reached beyond the court system, an individual might 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 invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court must relate to the best interests of the child as the critical 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 participation in their lives, to the optimum level consistent with the best interest of the kid; and
securing the kids from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that children get sufficient and proper parenting to help them accomplish their complete potential; and
guaranteeing that moms and dads fulfil their duties, and meet their responsibilities, concerning the care, welfare and advancement of their children.
There are other elements that the Court may take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Cabbage Tree Creek VIC
We are passionate about offering a specialty Family Law service Cabbage Tree Creek that welcomes you, understands you and also shows you empathy in challenging times. Figure out why you can be assured of our dedication to your legal requirements.