Accredited Family Law & Divorce Specialists In Areegra
We know family law. Our Family Solicitors Areegra have actually represented numerous family law clients over the years and act for mums, fathers, grandmas, 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 know-how in divorce, child custody and home division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you acquire the very best possible result. If you are seeking to engage the services of some of the best family lawyers Areegra has to offer, then look no further. When engaging among our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Areegra, 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 desertion are irrelevant. The only ground for Divorce is that the marriage 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 duration 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 very same roof or if one has provided the other with some household services. It may be tough to develop that separation has taken place in these situations and accordingly 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 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 reside in Areegra indefinitely or otherwise be able to offer proof that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been married 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 need to consider that correct arrangements have actually been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that family, and under the age of 18.
When a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has been made.
Once a Divorce has taken effect, there is just a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this duration may be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Areegra
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the start of any Court procedures the parties are needed to participate in, get involved and make a real attempt in resolving any parenting problems at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more negotiations can be arranged with the help of solicitor, mediators and counsellors Areegra.
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 require confirmation that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should regard the very best interests of the child as the vital factor to consider.
According to area 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 parents having a meaningful participation in their lives, to the optimum degree consistent with the best interest of the kid; and
protecting the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
making sure that children receive appropriate and appropriate parenting to help them attain their complete potential; and
guaranteeing that moms and dads satisfy their tasks, and satisfy their obligations, concerning the care, welfare and development of their children.
There are other elements that the Court may consider in any particular circumstances.
Why Choose Our Family Lawyers Areegra VIC
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