Accredited Family Law & Separation Specialists Near Tinamba West 3859
We understand family law. Our Family Solicitors Tinamba West have actually represented hundreds of family law clients over the years and act for mums, dads, grandmas, grandpas, 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 know-how in divorce, child custody and property division.
We are dedicated to assisting you settle your matter as quickly 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 seeking to engage the services of a few of the very best family solicitors Tinamba West has to offer, then look no more. When engaging among our experts, you can feel confident you have the best in your corner.
What Is The Process For Divorce In VIC
A Divorce is the legal dissolution of a marriage.
In Tinamba West, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are irrelevant. 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 marital relationship 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 duration 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 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 actually supplied the other with some household services. It might be hard to establish that separation has actually happened in these scenarios and appropriately the Court will need evidence 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 person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, plan to live in Tinamba West forever 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 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 actually 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.
Once a Divorce has been approved the Divorce becomes effective one month and one day after the Order has actually been made.
When a Divorce has worked, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Order Requirements In Tinamba West VIC
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are needed to attend, get involved and make a real attempt in resolving any parenting concerns at a household conflict 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 Authorization Orders. If no contract can be reached, even more negotiations can be organized with the assistance of solicitor, mediators and counsellors Tinamba West.
If no arrangement can be reached outside of the court system, a person may 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 commencement of Court procedures.
In parenting matters, a Court should relate to the very best interests of the child as the paramount consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum extent consistent with the best interest of the child; and
safeguarding the kids from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
guaranteeing that children get appropriate and correct parenting to help them achieve their complete potential; and
ensuring that parents satisfy their tasks, and meet their obligations, concerning the care, well-being and development of their kids.
There are other aspects that the Court might take into account in any particular situations.
Why Choose Our Family Lawyers Near Tinamba West VIC
We are passionate regarding giving a specialty Family Law service Tinamba West that welcomes you, understands you and shows you empathy in hard times. Figure out why you can be guaranteed of our commitment to your legal needs.