Accredited Family Law & Divorce Specialists In Lake Marmal
We understand family law. Our Family Solicitors Lake Marmal 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 experienced family law and divorce lawyers can represent you in all aspects of family law, having specific proficiency in divorce, child custody and property division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible outcome. If you are looking to engage the services of some of the best family lawyers Lake Marmal has to offer, then look no further. When engaging among our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Lake Marmal, 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 infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage 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 submits the application, or a joint application where both parties file the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and indicates more than physical separation where there is no possibility 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 not been separated for more than 12 months.
An application can still be made while the parties are living under the very same roof or if one has actually provided the other with some family services. It may be hard to develop that separation has taken place in these situations 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 partner will need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to reside in Lake Marmal forever or otherwise have the ability 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 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 have to think about that correct plans 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 dealt with as a member of that home, and under the age of 18.
As soon as a Divorce has been granted the Divorce ends up being reliable one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is only 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 Marmal
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are required to attend, participate and make a real attempt in dealing with any parenting concerns at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, further settlements can be set up with the assistance of solicitor, mediators and counsellors Lake Marmal.
If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to concern the very best interests of the kid as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the kids have the advantage of both of their parents having a meaningful participation in their lives, to the maximum level constant with the best interest of the child; and
protecting the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get sufficient and proper parenting to assist them achieve their complete potential; and
making sure that moms and dads satisfy their tasks, and fulfill their duties, concerning the care, well-being and development of their kids.
There are other aspects that the Court might take into consideration in any specific circumstances.
Why Choose Our Family Lawyers Lake Marmal VIC
We are passionate regarding offering a specialty Family Law service Lake Marmal that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be guaranteed of our dedication to your legal needs.