Accredited Family Law & Separation Specialists In Kotta
We understand family law. Our Family Solicitors Kotta have actually represented numerous family law clients for many years and act for mums, dads, grandmothers, grandfathers, 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 know-how in divorce, child custody and property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you acquire the very best possible result. If you are looking to engage the services of some of the very best family lawyers Kotta has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Kotta, 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 accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has 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 file the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and implies more than physical separation where there is no possibility of reconciliation.
The application can be opposed in situations 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 very same roof or if one has provided the other with some family services. It might be challenging to develop that separation has actually occurred in these situations and appropriately the Court will need evidence in assistance of the application.
In addition to the requirements of a period 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 spouse needs to regard Australia as your home, intend to reside in Kotta indefinitely or otherwise have the ability to supply 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 wed for less than 2 years, the Court requires 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 actually 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 treated as a member of that family, and under the age of 18.
Once a Divorce has been granted the Divorce becomes reliable one month and one day after the Order has actually been made.
Once a Divorce has worked, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Kotta
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court procedures the parties are needed to go to, participate and make an authentic effort in fixing any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be arranged with the help of solicitor, conciliators and counsellors Kotta.
If no agreement can be reached outside of 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 tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must relate to the very best interests of the kid as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the maximum degree consistent with the very best interest of the child; and
securing the children from physical and psychological damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids get sufficient and appropriate parenting to assist them accomplish their full potential; and
ensuring that moms and dads fulfil their tasks, and satisfy their responsibilities, concerning the care, well-being and advancement of their children.
There are other elements that the Court may consider in any particular circumstances.
Why Choose Our Family Lawyers Kotta VIC
We are passionate about offering a specialty Family Law service Kotta that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be guaranteed of our commitment to your legal needs.