Accredited Family Law & Divorce Specialists In Nayook
We know family law. Our Family Solicitors Nayook have represented hundreds of 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 solicitors can represent you in all aspects of family law, having specific proficiency in divorce, child custody and home division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you obtain the very best possible outcome. If you are seeking to engage the services of some of the best family solicitors Nayook has to offer, then look no more. When engaging among our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Nayook, the Family Law Act 1975 developed 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 allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is usually filed 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 only readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant duration 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 deal with 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 exact same roof or if one has actually supplied the other with some family services. It may be challenging to develop that separation has actually occurred in these circumstances and appropriately 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 spouse will have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, plan to live in Nayook forever or otherwise have the ability to offer proof that you lived in Australian for a minimum of 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 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 think about that correct arrangements 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 home, and under the age of 18.
When a Divorce has been given the Divorce ends up being effective one month and one day after the Order has actually been made.
Once a Divorce has actually taken effect, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period may be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Nayook
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual 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 concerns at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Consent Orders. If no contract can be reached, further settlements can be set up with the help of lawyer, arbitrators and counsellors Nayook.
If no contract can be reached outside of the court system, a person might 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 obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must regard the best interests of the kid as the critical consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the children have the advantage of both of their parents having a significant participation in their lives, to the optimum degree constant with the best interest of the kid; and
protecting the kids from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that children receive adequate and proper parenting to help them achieve their full potential; and
making sure that moms and dads fulfil their duties, and satisfy their duties, concerning the care, welfare and development of their children.
There are other aspects that the Court might take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Nayook VIC
We are passionate regarding providing a specialty Family Law service Nayook that welcomes you, understands you and shows you empathy in tough times. Learn why you can be assured of our dedication to your legal needs.