Accredited Family Law & Separation Specialists In Koyuga
We understand family law. Our Family Solicitors Koyuga have represented hundreds of family law customers throughout the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular knowledge in divorce, child custody and residential or commercial property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you get the very best possible outcome. If you are seeking to engage the services of a few of the best family solicitors Koyuga has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Koyuga, 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 allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage 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 marriage 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 continuous duration and means more than physical separation where there is no probability 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 exact same roof or if one has actually offered the other with some household services. It might be difficult to establish that separation has actually happened in these situations and appropriately the Court will require 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 have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, mean to live in Koyuga indefinitely 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 circumstances where a couple has been married 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 or was adopted or who is dealt with as a member of that household, and under the age of 18.
When a Divorce has been approved the Divorce becomes efficient one month and one day after the Order has been made.
Once a Divorce has actually worked, there is only a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this duration may be approved in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Koyuga
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 commencement of any Court procedures the parties are needed to go to, participate and make an authentic attempt in dealing with any parenting problems at a household dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more settlements can be set up with the assistance of solicitor, mediators and counsellors Koyuga.
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 require confirmation that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to regard the very best interests of the kid as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the maximum extent consistent with the best interest of the kid; and
protecting the children from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids receive appropriate and appropriate parenting to help them accomplish their complete potential; and
ensuring that parents fulfil their duties, and satisfy their responsibilities, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court might consider in any specific scenarios.
Why Choose Our Family Lawyers Koyuga VIC
We are passionate about offering a specialty Family Law service Koyuga that welcomes you, understands you and shows you empathy in tough times. Discover why you can be assured of our dedication to your legal requirements.