Accredited Family Law & Separation Specialists In Icy Creek
We understand family law. Our Family Solicitors Icy Creek have represented hundreds of family law clients over the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects 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 expertly throughout the Court procedure so that you acquire the best possible outcome. If you are seeking to engage the services of a few of the best family legal representatives Icy Creek has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Icy Creek, 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 desertion are unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and means more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in circumstances 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 living under the same roof or if one has actually supplied the other with some home services. It might be challenging to establish that separation has happened in these circumstances and accordingly the Court will require evidence in support of the application.
In addition to the requirements of a duration 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 established, you or your partner has to regard Australia as your home, plan to reside in Icy Creek indefinitely or otherwise be able to supply 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 been married for less than 2 years, the Court requires the parties to participate in 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 appropriate arrangements have been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that family, and under the age of 18.
When a Divorce has been given the Divorce becomes effective one month and one day after the Order has been made.
When a Divorce has actually worked, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period might be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Icy Creek
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the commencement of any Court proceedings the parties are required to go to, take part and make a real effort in dealing with any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, further negotiations can be arranged with the support of solicitor, conciliators and counsellors Icy Creek.
If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have attempted a conflict resolution conference and are in invoice 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 child as the critical factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the children have the benefit of both of their parents having a meaningful participation in their lives, to the optimum extent constant with the best interest of the kid; and
safeguarding the children from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids receive adequate and proper parenting to help them achieve their complete potential; and
ensuring that parents satisfy their tasks, and meet their responsibilities, concerning the care, welfare and development of their children.
There are other aspects that the Court might consider in any particular scenarios.
Why Choose Our Family Lawyers Icy Creek VIC
We are passionate about offering a specialized Family Law service Icy Creek that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be guaranteed of our commitment to your legal requirements.