Accredited Family Law & Divorce Specialists Near Toombon 3825
We understand family law. Our Family Solicitors Toombon have actually represented numerous family law customers for many years and act for mums, dads, grandmas, grandpas, 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 competence in divorce, child custody and property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you obtain the best possible outcome. If you are planning to engage the services of some of the best family legal representatives Toombon has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the very best in your corner.
What Is The Process For Divorce In VIC
A Divorce is the legal dissolution of a marital relationship.
In Toombon, the Family Law Act 1975 developed 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 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 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 files 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 constant duration and implies more than physical separation where there is no probability 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 living under the very same roof or if one has actually supplied the other with some family services. It may be tough to develop that separation has happened in these scenarios and appropriately the Court will need proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to live in Toombon forever or otherwise be able to supply evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been married 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 consider that appropriate plans have been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that home, and under the age of 18.
As soon as a Divorce has actually been granted 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 period where to file an application for property/financial and spousal maintenance. An extension to this period may be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Order Requirements In Toombon VIC
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court procedures the parties are required to go to, get involved 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 released to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more settlements can be arranged with the assistance of lawyer, mediators and counsellors Toombon.
If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to relate to the very best interests of the child as the critical consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum extent consistent with the very best interest of the child; and
protecting the children from physical and psychological damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that kids get sufficient and appropriate parenting to help them attain their full potential; and
ensuring that moms and dads satisfy their duties, and meet their duties, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Near Toombon VIC
We are passionate regarding providing a specialty Family Law service Toombon that welcomes you, understands you and shows you empathy in hard times. Discover why you can be guaranteed of our commitment to your legal demands.