Accredited Family Law & Divorce Specialists In Nareen
We understand family law. Our Family Lawyers Nareen have represented numerous family law customers for many years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific proficiency in divorce, child custody and home division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully 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 legal representatives Nareen has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Nareen, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage 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 period of separation. This 12 month separation duration is to be a constant period and indicates 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 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 offered the other with some home services. It may be hard to establish that separation has actually happened in these situations and appropriately the Court will need 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 resident 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 Nareen indefinitely or otherwise have the ability to offer 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 requires 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 correct plans have been made for any child of the marital relationship, or a child from another relationship, or a child who has actually 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 effective one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period might be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Nareen
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 beginning of any Court proceedings the parties are needed to attend, get involved and make a real effort in resolving any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, even more settlements can be organized with the help of lawyer, conciliators and counsellors Nareen.
If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court should concern the very best interests of the child as the vital factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum level constant with the very best interest of the kid; and
securing the kids from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that kids receive appropriate and proper parenting to assist them achieve their full potential; and
ensuring that parents fulfil their duties, and meet their duties, concerning the care, well-being and advancement of their children.
There are other aspects that the Court might consider in any specific scenarios.
Why Choose Our Family Lawyers Nareen VIC
We are passionate about giving a specialized Family Law service Nareen that welcomes you, understands you and shows you empathy in tough times. Figure out why you can be guaranteed of our dedication to your legal requirements.