Accredited Family Law & Divorce Specialists In Balaclava
We know family law. Our Family Solicitors Balaclava have represented hundreds of family law customers over the years and act for mums, dads, grandmas, grandfathers, 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 particular knowledge in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you obtain the best possible result. If you are aiming to engage the services of a few of the very best family solicitors Balaclava has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Balaclava, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship 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 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 constant 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 actually not been separated for more than 12 months.
An application can still be made while the parties are living under the same roof or if one has actually provided the other with some household services. It may be hard to establish that separation has actually occurred in these situations and accordingly the Court will need evidence in support of the application.
In addition to the requirements of a duration 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 partner needs to regard Australia as your home, mean to live in Balaclava indefinitely or otherwise be able to offer evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has 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 have to think about that correct arrangements have actually been made for 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 family, and under the age of 18.
As soon as a Divorce has actually been approved the Divorce becomes efficient 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 file an application for property/financial and spousal maintenance. An extension to this duration may be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Balaclava
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the commencement of any Court proceedings the parties are needed to participate in, get involved and make a genuine attempt in solving any parenting issues at a family dispute 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 arrangement can be reached, further negotiations can be set up with the support of solicitor, arbitrators and counsellors Balaclava.
If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to relate to 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 moms and dads having a meaningful involvement in their lives, to the optimum degree consistent with the very best interest of the kid; and
protecting the kids from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that kids receive adequate and correct parenting to assist them achieve their complete potential; and
making sure that parents fulfil their tasks, and fulfill their responsibilities, concerning the care, welfare and development of their children.
There are other factors that the Court might consider in any specific circumstances.
Why Choose Our Family Lawyers Balaclava VIC
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