Accredited Family Law & Separation Specialists In Indigo Valley
We understand family law. Our Family Solicitors Indigo Valley have represented numerous family law clients for many years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having particular proficiency in divorce, child custody and home division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you acquire the best possible result. If you are seeking to engage the services of some of the very best family legal representatives Indigo Valley has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Indigo Valley, the Family Law Act 1975 developed 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 accusations of infidelity, 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 file the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant 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 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 supplied the other with some household services. It might be challenging to develop that separation has taken place in these situations and accordingly the Court will require proof 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 spouse needs to regard Australia as your home, intend to live in Indigo Valley indefinitely or otherwise have the ability to offer proof 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 married 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 consider that appropriate plans have 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 home, and under the age of 18.
Once a Divorce has actually been given the Divorce becomes efficient one month and one day after the Order has been made.
As soon as a Divorce has actually taken effect, there is only a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Indigo Valley
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the beginning of any Court proceedings the parties are required to go to, participate and make an authentic effort in fixing any parenting problems at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Approval Orders. If no agreement can be reached, further negotiations can be set up with the assistance of solicitor, mediators and counsellors Indigo Valley.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to concern the best interests of the child as the vital consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum extent constant with the best interest of the kid; and
protecting the kids from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that kids get appropriate and proper parenting to help them attain their complete potential; and
guaranteeing that moms and dads fulfil their responsibilities, and satisfy their responsibilities, concerning the care, welfare and advancement of their children.
There are other elements that the Court might consider in any specific situations.
Why Choose Our Family Lawyers Indigo Valley VIC
We are passionate about providing a specialty Family Law service Indigo Valley that welcomes you, understands you and shows you empathy in challenging times. Figure out why you can be guaranteed of our commitment to your legal needs.