Accredited Family Law & Divorce Specialists In Koallah
We understand family law. Our Family Lawyers Koallah have represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having particular knowledge in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you acquire the very best possible outcome. If you are planning to engage the services of some of the very best family solicitors Koallah has to offer, then look no further. When engaging among our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Koallah, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies 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 marital relationship has actually broken down irretrievably.
Any application for Divorce is typically 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 duration of separation. This 12 month separation period is to be a constant duration and suggests more than physical separation where there is no possibility 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 not been separated for more than 12 months.
An application can still be made while the parties are living under the very same roof or if one has offered the other with some home services. It might be hard to establish that separation has occurred 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 citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to live in Koallah forever or otherwise be able to provide 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 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 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 treated as a member of that family, and under the age of 18.
When a Divorce has actually been granted the Divorce becomes effective one month and one day after the Order has been made.
Once a Divorce has worked, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period might be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Koallah
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the beginning of any Court proceedings the parties are required to go to, get involved and make a real effort in fixing any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be set up with the support of lawyer, conciliators and counsellors Koallah.
If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should relate to the very best interests of the child as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
making sure that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum extent consistent with the very best interest of the kid; and
protecting the kids from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids get adequate and appropriate parenting to help them achieve their complete potential; and
guaranteeing that parents satisfy their duties, and meet their obligations, concerning the care, welfare and development of their kids.
There are other elements that the Court may consider in any specific situations.
Why Choose Our Family Lawyers Koallah VIC
We are passionate about offering a specialized Family Law service Koallah that welcomes you, understands you and shows you empathy in challenging times. Learn why you can be assured of our commitment to your legal needs.