Accredited Family Law & Separation Specialists In Aireys Inlet
We know family law. Our Family Solicitors Aireys Inlet have represented hundreds of family law customers throughout the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having particular proficiency in divorce, child custody and property division.
We are devoted to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you obtain the very best possible result. If you are planning to engage the services of a few of the very best family lawyers Aireys Inlet has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Aireys Inlet, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is generally submitted 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 submit the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation period is to be a continuous period and implies 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 not been separated for more than 12 months.
An application can still be made while the parties are residing under the same roof or if one has actually provided the other with some family services. It might be tough to establish that separation has happened in these scenarios and appropriately the Court will need evidence in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to reside in Aireys Inlet indefinitely or otherwise be able 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 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 proper arrangements have been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, and under the age of 18.
Once a Divorce has actually been approved the Divorce becomes effective one month and one day after the Order has been made.
When a Divorce has taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period may be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Aireys Inlet
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the beginning of any Court procedures the parties are needed to participate in, take part and make a genuine attempt in fixing any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further settlements can be set up with the help of lawyer, mediators and counsellors Aireys Inlet.
If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have 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 concern the very best interests of the kid as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:
ensuring that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the maximum level constant with the best interest of the kid; and
safeguarding the kids from physical and mental harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
making sure that children get sufficient and appropriate parenting to assist them attain their full potential; and
guaranteeing that parents satisfy their responsibilities, and satisfy their duties, concerning the care, well-being and development of their kids.
There are other aspects that the Court may take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Aireys Inlet VIC
We are passionate regarding providing a specialized Prenup Aireys Inlet service that welcomes you, understands you as well as shows you empathy in tough times. Learn why you can be assured of our dedication to your legal requirements.