Accredited Family Law & Divorce Specialists In Koonda
We know family law. Our Family Solicitors Koonda have represented hundreds of family law clients throughout the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having particular proficiency 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 skillfully throughout the Court process so that you obtain the best possible result. If you are planning to engage the services of some of the best family legal representatives Koonda has to offer, then look no more. When engaging among our specialists, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Koonda, 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 allegations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage 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 period and implies 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 actually not been separated for more than 12 months.
An application can still be made while the parties are residing under the same roof or if one has offered the other with some home services. It might be difficult to develop that separation has occurred in these circumstances and accordingly 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 spouse will need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, mean to live in Koonda forever or otherwise be able to provide proof that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been wed 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 need to consider that appropriate arrangements have 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 family, and under the age of 18.
When a Divorce has actually been granted the Divorce ends up being efficient one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, 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 situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Koonda
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 start of any Court procedures the parties are required to participate in, participate and make a genuine attempt in resolving any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, further settlements can be set up with the assistance of solicitor, conciliators and counsellors Koonda.
If no agreement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should regard the very best interests of the child as the paramount consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the optimum degree consistent with the best interest of the child; and
safeguarding the children from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that children receive appropriate and proper parenting to assist them attain their full potential; and
ensuring that moms and dads satisfy their tasks, and satisfy their obligations, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court may consider in any specific circumstances.
Why Choose Our Family Lawyers Koonda VIC
We are passionate regarding giving a specialized Family Law service Koonda that welcomes you, understands you and also shows you empathy in difficult times. Figure out why you can be guaranteed of our dedication to your legal requirements.