Accredited Family Law & Separation Specialists In Narrawong
We know family law. Our Family Lawyers Narrawong have actually represented numerous family law customers for many years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having particular 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 achievable, then we will represent you skillfully throughout the Court process so that you obtain the best possible result. If you are aiming to engage the services of some of the very best family lawyers Narrawong has to offer, then look no further. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Narrawong, 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 accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is typically 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 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 likelihood of reconciliation.
The application can be opposed in scenarios 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 challenging to establish that separation has happened in these scenarios and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, plan to reside in Narrawong indefinitely or otherwise have the ability to provide proof that you lived 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 requires the parties to go to 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 produced 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 household, and under the age of 18.
Once a Divorce has actually been given the Divorce ends up being effective one month and one day after the Order has actually been made.
When a Divorce has actually worked, there is just a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this duration might be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Narrawong
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a kid’s life.
Prior to the beginning of any Court proceedings the parties are required to go to, take part and make a real attempt in dealing with any parenting problems at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no arrangement can be reached, further negotiations can be organized with the assistance of lawyer, arbitrators and counsellors Narrawong.
If no agreement can be reached outside of 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 tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must regard the best interests of the child as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the children have the advantage of both of their parents having a meaningful participation in their lives, to the maximum extent consistent with the very best interest of the kid; and
securing the kids from physical and psychological damage and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that children receive adequate and appropriate parenting to help them attain their full potential; and
making sure that parents fulfil their duties, and fulfill their duties, concerning the care, welfare and development of their children.
There are other factors that the Court might consider in any particular scenarios.
Why Choose Our Family Lawyers Narrawong VIC
We are passionate regarding offering a specialized Family Law service Narrawong that welcomes you, understands you and shows you empathy in hard times. Find out why you can be guaranteed of our commitment to your legal requirements.