Accredited Family Law & Separation Specialists In Abbeyard
We understand family law. Our Family Solicitors Abbeyard have actually represented hundreds of family law customers for many years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific knowledge in divorce, child custody and property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible outcome. If you are planning to engage the services of a few of the best family solicitors Abbeyard has to offer, then look no further. When engaging among our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Abbeyard, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept 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 unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally 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 just readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and suggests more than physical separation where there is no possibility 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 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 offered the other with some family services. It may be tough to develop that separation has happened in these situations and accordingly the Court will need proof in assistance 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 resident by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to reside in Abbeyard 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 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 have to think about that correct arrangements 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 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 reliable one month and one day after the Order has actually been made.
When a Divorce has worked, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period may be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Abbeyard
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 beginning of any Court proceedings the parties are required to participate in, get involved and make an authentic attempt in solving any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be arranged with the support of lawyer, mediators and counsellors Abbeyard.
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 need verification that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should relate to the best interests of the child as the vital consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the children have the benefit of both of their parents having a significant involvement in their lives, to the maximum degree consistent with the best interest of the child; and
securing the children from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that children receive adequate and appropriate parenting to help them achieve their complete potential; and
making sure that parents fulfil their tasks, and fulfill their obligations, concerning the care, well-being and development of their kids.
There are other aspects that the Court might take into consideration in any particular scenarios.
Why Choose Our Family Lawyers Abbeyard VIC
We are passionate regarding providing a specialized Prenup Abbeyard service that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be assured of our commitment to your legal demands.