Accredited Family Law & Divorce Specialists In Narraport
We know family law. Our Family Solicitors Narraport have represented numerous family law clients over the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having specific expertise in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible result. If you are seeking to engage the services of a few of the very best family solicitors Narraport has to offer, then look no more. When engaging one of our experts, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Narraport, the Family Law Act 1975 developed 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 desertion are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is usually 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 submit the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation period is to be a constant duration and indicates more than physical separation where there is no likelihood 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 actually provided the other with some household services. It might be tough to develop that separation has actually occurred in these circumstances and appropriately the Court will require 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 need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to reside in Narraport forever or otherwise be able to supply evidence 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 married for less than 2 years, the Court needs the parties to participate in 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 proper plans have actually 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 treated as a member of that home, and under the age of 18.
As soon as a Divorce has actually been approved the Divorce becomes effective one month and one day after the Order has actually been made.
When a Divorce has actually taken effect, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration might be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Narraport
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to participate in, participate and make an authentic attempt in resolving any parenting concerns at a family dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, further settlements can be set up with the assistance of lawyer, mediators and counsellors Narraport.
If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have actually tried 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 should regard the very best interests of the kid as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the 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 degree consistent with the best interest of the kid; and
safeguarding the children from physical and psychological harm and from going through, or exposed to, abuse, overlook or family violence; and
guaranteeing that children get appropriate and proper parenting to assist them accomplish their full potential; and
making sure that moms and dads fulfil their responsibilities, and satisfy their obligations, concerning the care, well-being and advancement of their children.
There are other aspects that the Court might take into consideration in any particular situations.
Why Choose Our Family Lawyers Narraport VIC
We are passionate about giving a specialty Family Law service Narraport that welcomes you, understands you as well as shows you empathy in tough times. Find out why you can be assured of our commitment to your legal requirements.