Accredited Family Law & Separation Specialists Near Yeungroon East 3525
We understand family law. Our Family Solicitors Yeungroon East have actually represented numerous family law clients over the years and act for mums, dads, grandmothers, grandfathers, 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 specific know-how in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you obtain the very best possible outcome. If you are looking to engage the services of a few of the very best family legal representatives Yeungroon East has to offer, then look no more. When engaging one of our professionals, you can rest assured 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 Yeungroon East, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship 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 marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is just readily 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 living under the same roof or if one has provided the other with some family services. It might be tough to develop that separation has actually happened in these circumstances and accordingly the Court will need 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 have 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 Yeungroon East forever or otherwise be able to offer proof that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has actually 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 need to consider that proper arrangements 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 treated as a member of that family, and under the age of 18.
Once a Divorce has been given the Divorce ends up being effective one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Order Requirements In Yeungroon East 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 proceedings the parties are needed to attend, participate and make a genuine effort in resolving any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be arranged with the assistance of solicitor, conciliators and counsellors Yeungroon East.
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 actually tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to concern the best interests of the kid as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum extent constant with the very best interest of the kid; and
protecting the kids from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that children receive sufficient and proper parenting to assist them achieve their full potential; and
ensuring that moms and dads fulfil their duties, and satisfy their obligations, concerning the care, well-being and development of their kids.
There are other factors that the Court might take into account in any specific situations.
Why Choose Our Family Lawyers Near Yeungroon East VIC
We are passionate regarding offering a specialty Family Law service Yeungroon East that welcomes you, understands you as well as shows you empathy in difficult times. Discover why you can be assured of our commitment to your legal needs.