Accredited Family Law & Divorce Specialists In Gre Gre South
We understand family law. Our Family Lawyers Gre Gre South have represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having specific competence in divorce, child custody and home division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you get the best possible result. If you are aiming to engage the services of some of the best family legal representatives Gre Gre South has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Gre Gre 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 adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is normally submitted 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 only available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and suggests 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 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 very same roof or if one has offered the other with some family services. It might be difficult to develop that separation has occurred in these scenarios and accordingly the Court will require evidence 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 citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to reside in Gre Gre South forever 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 instances where a couple has actually been married 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 think about that proper plans have been produced any child of the marriage, 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.
As soon as a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has actually been made.
When a Divorce has worked, there is just a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this period may be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Gre Gre South
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the commencement of any Court procedures the parties are required to participate in, get involved and make an authentic attempt in resolving any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no arrangement can be reached, further settlements can be arranged with the help of solicitor, arbitrators and counsellors Gre Gre South.
If no contract can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must relate to the best interests of the child as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the maximum extent consistent with the very best interest of the kid; and
securing the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
making sure that kids receive sufficient and proper parenting to assist them attain their complete potential; and
guaranteeing that moms and dads fulfil their responsibilities, and satisfy their duties, concerning the care, welfare and advancement of their children.
There are other aspects that the Court might take into account in any specific circumstances.
Why Choose Our Family Lawyers Gre Gre South VIC
We are passionate about providing a specialized Family Law service Gre Gre South that welcomes you, understands you and also shows you empathy in hard times. Figure out why you can be guaranteed of our dedication to your legal demands.