Accredited Family Law & Separation Specialists In Lake Condah
We know family law. Our Family Solicitors Lake Condah have actually represented hundreds of family law clients throughout the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having particular knowledge in divorce, child custody and home division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you obtain the very best possible outcome. If you are planning to engage the services of some of the very best family lawyers Lake Condah has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Lake Condah, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship 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 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 means more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios 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 living under the exact same roof or if one has actually offered the other with some home services. It might be hard to establish that separation has occurred in these situations and accordingly the Court will require 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 need to be an Australia citizen 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 Lake Condah indefinitely or otherwise be able to offer proof 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 married for less than 2 years, the Court requires 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 have to consider that correct plans have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that household, and under the age of 18.
When a Divorce has actually been granted the Divorce ends up being effective one month and one day after the Order has actually been made.
Once a Divorce has actually worked, there is just a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period may be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Lake Condah
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court procedures the parties are required to participate in, participate and make an authentic effort in fixing any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no agreement can be reached, further settlements can be organized with the support of solicitor, arbitrators and counsellors Lake Condah.
If no arrangement 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 conflict 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 must relate to the best interests of the child as the critical consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are met by:
ensuring that the children have the benefit of both of their parents having a significant involvement in their lives, to the maximum degree constant with the very best interest of the kid; and
protecting the kids from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and
making sure that children receive adequate and proper parenting to help them achieve their full potential; and
guaranteeing that parents satisfy their tasks, and fulfill their obligations, concerning the care, welfare and advancement of their kids.
There are other elements that the Court might take into account in any specific circumstances.
Why Choose Our Family Lawyers Lake Condah VIC
We are passionate about offering a specialized Family Law service Lake Condah that welcomes you, understands you and also shows you empathy in hard times. Find out why you can be guaranteed of our dedication to your legal demands.