Accredited Family Law & Separation Specialists In Kennett River
We know family law. Our Family Solicitors Kennett River have represented numerous family law clients for many 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 elements of family law, having particular proficiency in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you obtain the best possible result. If you are looking to engage the services of a few of the best family lawyers Kennett River has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Kennett River, the Family Law Act 1975 established 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 allegations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually 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 marital relationship files the application, or a joint application where both parties submit the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation duration is to be a constant duration and implies more than physical separation where there is no probability of reconciliation.
The application can be opposed in circumstances 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 residing under the exact same roof or if one has provided the other with some household services. It may be hard to establish that separation has actually taken place in these situations 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 partner will have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, plan to reside in Kennett River indefinitely or otherwise be able to offer proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been wed 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 correct plans have actually 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 household, and under the age of 18.
Once a Divorce has been granted the Divorce ends up being reliable one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period might be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Kennett River
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the beginning of any Court procedures the parties are required to go to, take part and make a genuine attempt in dealing with any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no contract can be reached, further settlements can be set up with the assistance of lawyer, mediators and counsellors Kennett River.
If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court must relate to 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 very best interests of the children are met by:
ensuring that the children have the advantage of both of their moms and dads having a significant involvement in their lives, to the optimum level constant with the very best interest of the kid; and
safeguarding the children from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that kids receive appropriate and appropriate parenting to help them achieve their complete potential; and
ensuring that parents fulfil their responsibilities, and fulfill their responsibilities, concerning the care, well-being and advancement of their children.
There are other aspects that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Kennett River VIC
We are passionate regarding providing a specialized Family Law service Kennett River that welcomes you, understands you as well as shows you empathy in difficult times. Figure out why you can be assured of our dedication to your legal requirements.