Accredited Family Law & Divorce Specialists In Kongwak
We understand family law. Our Family Solicitors Kongwak have actually represented hundreds of family law customers over the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular expertise in divorce, child custody and home division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you obtain the best possible result. If you are planning to engage the services of a few of the best family lawyers Kongwak has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Kongwak, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are irrelevant. 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 submits the application, or a joint application where both parties submit the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation period is to be a continuous period and indicates more than physical separation where there is no probability 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 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 actually supplied the other with some home services. It may be difficult to establish that separation has happened in these circumstances and appropriately the Court will need 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to reside in Kongwak forever or otherwise be able to supply evidence that you lived in Australian for at least 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 consider that appropriate arrangements have actually been made for any child of the marriage, 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.
When a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has been made.
As soon as a Divorce has actually taken effect, there is just a 12 month period in which to submit 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 Kongwak
Applications for Parenting Orders can be brought by either or both of the moms and dads, 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 participate in, get involved and make a genuine effort in resolving any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, further settlements can be set up with the help of lawyer, arbitrators and counsellors Kongwak.
If no agreement 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 actually attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to regard the best interests of the child as the critical factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the maximum degree consistent with the very best interest of the child; and
securing the children from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids receive sufficient and appropriate parenting to assist them achieve their full potential; and
making sure that moms and dads satisfy their tasks, and meet their obligations, concerning the care, well-being and development of their kids.
There are other factors that the Court might consider in any particular scenarios.
Why Choose Our Family Lawyers Kongwak VIC
We are passionate about providing a specialty Family Law service Kongwak that welcomes you, understands you and shows you empathy in challenging times. Find out why you can be guaranteed of our commitment to your legal needs.