Accredited Family Law & Separation Specialists In Great Southern
We understand family law. Our Family Solicitors Great Southern have represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific competence 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 best family legal representatives Great Southern has to offer, then look no further. 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 marriage.
In Great Southern, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are unimportant. 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 files the application, or a joint application where both parties submit the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation period is to be a constant 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 deal with 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 actually offered the other with some household services. It may be hard to establish that separation has actually taken place in these circumstances and accordingly the Court will require evidence in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will need to be an Australia person 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 Great Southern forever or otherwise be able to provide evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has actually 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 plans have been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that home, and under the age of 18.
When a Divorce has been approved the Divorce ends up being reliable one month and one day after the Order has been made.
Once a Divorce has worked, there is just a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Great Southern
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 required to participate in, take part and make a genuine attempt in solving any parenting issues at a family disagreement 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 contract can be reached, further settlements can be arranged with the support of solicitor, arbitrators and counsellors Great Southern.
If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should concern the best interests of the kid as the critical factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum extent constant with the best interest of the kid; and
protecting the kids from physical and mental harm and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that children receive appropriate and proper parenting to assist them attain their complete potential; and
guaranteeing that parents fulfil their duties, and fulfill their obligations, concerning the care, well-being and advancement of their children.
There are other aspects that the Court might take into account in any specific scenarios.
Why Choose Our Family Lawyers Great Southern VIC
We are passionate regarding providing a specialty Family Law service Great Southern that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal needs.