Accredited Family Law & Separation Specialists Near Torquay 3228
We understand family law. Our Family Solicitors Torquay have represented numerous family law customers over the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific know-how 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 possible, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible outcome. If you are looking to engage the services of some of the best family lawyers Torquay has to offer, then look no further. When engaging among our experts, you can rest assured you have the best on your side.
What Is The Process For Divorce In VIC
A Divorce is the legal dissolution of a marriage.
In Torquay, the Family Law Act 1975 established 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 allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is normally submitted 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 file the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and means more than physical separation where there is no possibility of reconciliation.
The application can be opposed in situations 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 residing under the same roof or if one has actually supplied the other with some home services. It may be difficult to establish that separation has actually occurred in these situations and accordingly the Court will require proof in assistance 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 person by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to reside in Torquay 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 instances 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 proper arrangements have been produced 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 family, and under the age of 18.
Once a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has been made.
When a Divorce has taken effect, there is just a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this duration may be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Order Requirements In Torquay VIC
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the start of any Court proceedings the parties are needed to attend, participate and make an authentic attempt in resolving any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, further settlements can be set up with the support of solicitor, arbitrators and counsellors Torquay.
If no agreement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have actually attempted a disagreement 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 regard the very best interests of the kid as the critical consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the kids have the advantage of both of their parents having a significant involvement in their lives, to the optimum level constant with the best interest of the kid; and
safeguarding the children from physical and psychological harm and from undergoing, or exposed to, abuse, neglect or family violence; and
making sure that children receive appropriate and correct parenting to assist them achieve their complete potential; and
guaranteeing that parents fulfil their tasks, and satisfy their obligations, concerning the care, well-being and development of their children.
There are other factors that the Court may take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Near Torquay VIC
We are passionate regarding giving a specialized Family Law service Torquay that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be guaranteed of our commitment to your legal requirements.