Accredited Family Law & Separation Specialists In King Valley
We know family law. Our Family Solicitors King Valley have represented hundreds of family law customers for many years and act for mums, dads, grandmas, 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 specific competence in divorce, child custody and property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible outcome. If you are planning to engage the services of a few of the best family legal representatives King Valley has to offer, then look no more. 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 marriage.
In King Valley, the Family Law Act 1975 established 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 adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is typically submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties file the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation period 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 situations 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 provided the other with some home services. It might be difficult to develop that separation has actually happened in these situations and appropriately the Court will need 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 person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, plan to reside in King Valley 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 circumstances where a couple has actually been wed for less than 2 years, the Court needs 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 marital relationship, 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 actually been approved the Divorce becomes reliable one month and one day after the Order has been made.
When a Divorce has actually taken effect, there is just a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this period might be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders King 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 start of any Court procedures the parties are needed to go to, get involved and make an authentic attempt in resolving any parenting issues at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be organized with the support of solicitor, arbitrators and counsellors King Valley.
If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to concern the very best interests of the kid as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the children have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum level consistent with the best interest of the child; and
securing the children from physical and psychological harm and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids receive adequate and appropriate parenting to assist them achieve their full potential; and
ensuring that parents satisfy their tasks, and meet their obligations, concerning the care, welfare and advancement of their children.
There are other factors that the Court may take into account in any particular scenarios.
Why Choose Our Family Lawyers King Valley VIC
We are passionate regarding providing a specialized Family Law service King Valley that welcomes you, understands you and shows you empathy in tough times. Learn why you can be assured of our commitment to your legal demands.