Accredited Family Law & Divorce Specialists In Ninyeunook
We understand family law. Our Family Solicitors Ninyeunook have represented hundreds of family law customers throughout the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having specific competence in divorce, child custody and property division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible result. If you are wanting to engage the services of some of the very best family lawyers Ninyeunook has to offer, then look no further. When engaging among our experts, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Ninyeunook, the Family Law Act 1975 developed 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 allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is typically submitted 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 available after a 12 month period of separation. This 12 month separation duration is to be a constant period and implies 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 residing under the exact same roof or if one has offered the other with some family services. It may be difficult to develop that separation has taken place in these situations and accordingly the Court will need proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to live in Ninyeunook indefinitely or otherwise have the ability 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 wed for less than 2 years, the Court needs 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 have to consider that proper arrangements have actually been produced any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that family, and under the age of 18.
When a Divorce has been granted the Divorce becomes effective one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration may be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Ninyeunook
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a child’s life.
Prior to the start of any Court procedures the parties are needed to attend, participate and make an authentic attempt in resolving any parenting concerns at a household conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be set up with the assistance of solicitor, arbitrators and counsellors Ninyeunook.
If no arrangement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have actually attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should regard the 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 met by:
making sure that the kids have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum degree constant with the best interest of the kid; and
protecting the children from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that children receive appropriate and appropriate parenting to assist them accomplish their complete potential; and
ensuring that parents satisfy their tasks, and meet their responsibilities, concerning the care, welfare and development of their kids.
There are other aspects that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Ninyeunook VIC
We are passionate regarding offering a specialty Family Law service Ninyeunook that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be assured of our dedication to your legal demands.