Accredited Family Law & Separation Specialists In Nelson
We understand family law. Our Family Solicitors Nelson have represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandpas, married 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 knowledge 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 process so that you obtain the very best possible outcome. If you are planning to engage the services of some of the very best family lawyers Nelson has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Nelson, the Family Law Act 1975 established 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 accusations of adultery, violence or abandonment 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 marriage submits the application, or a joint application where both parties file the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and suggests more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in circumstances 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 same roof or if one has supplied the other with some family services. It might be hard to develop that separation has happened in these circumstances and appropriately the Court will need evidence in assistance of the application.
In addition to the requirements of a duration 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 has to regard Australia as your home, intend to reside in Nelson forever or otherwise be able to provide evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has 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 have to consider that appropriate plans have been made for any child of the marriage, 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 family, and under the age of 18.
Once a Divorce has been given the Divorce ends up being reliable one month and one day after the Order has been made.
Once a Divorce has worked, there is only a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Nelson
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 participate in, take part and make a genuine effort in fixing any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no contract can be reached, further negotiations can be organized with the support of solicitor, arbitrators and counsellors Nelson.
If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to concern the best interests of the kid as the vital consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the kids have the advantage of both of their moms and dads having a meaningful participation in their lives, to the maximum degree constant with the very best interest of the child; and
securing the children from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that kids get adequate and correct parenting to help them attain their full potential; and
guaranteeing that moms and dads fulfil their tasks, and meet their responsibilities, concerning the care, welfare and advancement of their kids.
There are other factors that the Court may take into account in any particular circumstances.
Why Choose Our Family Lawyers Nelson VIC
We are passionate regarding providing a specialized Family Law service Nelson that welcomes you, understands you and shows you empathy in challenging times. Figure out why you can be assured of our commitment to your legal requirements.