Accredited Family Law & Separation Specialists In Jack River
We understand family law. Our Family Solicitors Jack River have represented numerous family law clients 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 lawyers can represent you in all elements of family law, having particular knowledge in divorce, child custody and property division.
We are devoted 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 best possible outcome. If you are wanting to engage the services of some of the very best family lawyers Jack River has to offer, then look no further. When engaging among our specialists, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Jack River, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally 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 period of separation. This 12 month separation duration is to be a constant period and implies 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 actually not been separated for more than 12 months.
An application can still be made while the parties are living under the exact same roof or if one has actually offered the other with some home services. It may be hard to develop that separation has taken place in these situations and appropriately 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 need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to reside in Jack River indefinitely or otherwise be able to offer proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been married for less than 2 years, the Court needs 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 have to consider that correct arrangements have actually 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 dealt with as a member of that family, and under the age of 18.
As soon as a Divorce has actually been given the Divorce becomes reliable one month and one day after the Order has been made.
When a Divorce has actually worked, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period may be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Jack River
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 start of any Court procedures the parties are needed to attend, participate and make a real attempt in resolving any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be set up with the assistance of solicitor, mediators and counsellors Jack River.
If no arrangement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to concern the very best interests of the kid as the vital consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the kids have the advantage of both of their parents having a significant involvement in their lives, to the maximum degree consistent with the best interest of the child; and
safeguarding the children from physical and psychological harm and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that children get sufficient and proper parenting to help them attain their full potential; and
guaranteeing that moms and dads fulfil their duties, and satisfy their obligations, concerning the care, welfare and development of their children.
There are other elements that the Court may consider in any particular circumstances.
Why Choose Our Family Lawyers Jack River VIC
We are passionate about giving a specialty Family Law service Jack River that welcomes you, understands you and shows you empathy in tough times. Figure out why you can be assured of our dedication to your legal needs.