Accredited Family Law & Separation Specialists In Apollo Bay
We understand family law. Our Family Solicitors Apollo Bay have represented numerous family law clients throughout the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having specific competence in divorce, child custody and home division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you get the very best possible outcome. If you are looking to engage the services of some of the best family legal representatives Apollo Bay 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 marriage.
In Apollo Bay, 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 adultery, violence or abandonment are unimportant. 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 just available after a 12 month period of separation. This 12 month separation duration is to be a continuous period and implies 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 not been separated for more than 12 months.
An application can still be made while the parties are residing under the very same roof or if one has supplied the other with some household services. It may be difficult to develop that separation has actually occurred in these circumstances and appropriately 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 partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, intend to live in Apollo Bay forever or otherwise be able to supply proof that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been wed 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 need to think about that correct arrangements have actually 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 dealt with as a member of that household, and under the age of 18.
When a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is just a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Apollo Bay
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 kid’s life.
Prior to the start of any Court procedures the parties are needed to attend, participate and make a genuine effort in resolving any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, further settlements can be arranged with the help of lawyer, mediators and counsellors Apollo Bay.
If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to regard the very best interests of the kid as the critical consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum extent consistent with the best interest of the kid; and
safeguarding the children from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that children receive adequate and proper parenting to help them accomplish their full potential; and
ensuring that moms and dads fulfil their duties, and fulfill their duties, concerning the care, welfare and development of their children.
There are other elements that the Court might take into consideration in any particular situations.
Why Choose Our Family Lawyers Apollo Bay VIC
We are passionate about giving a specialty Prenup Apollo Bay service that welcomes you, understands you as well as shows you empathy in hard times. Figure out why you can be guaranteed of our dedication to your legal needs.