Accredited Family Law & Separation Specialists In Balliang
We know family law. Our Family Solicitors Balliang have actually represented numerous family law customers for many years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having particular know-how in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you get the very best possible outcome. If you are planning to engage the services of a few of the best family lawyers Balliang has to offer, then look no more. When engaging among our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Balliang, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies 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 marriage has broken down irretrievably.
Any application for Divorce is typically filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties file the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and indicates 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 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 actually offered the other with some home services. It may be challenging to develop that separation has happened in these circumstances and appropriately the Court will require proof in support 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 developed, you or your spouse needs to regard Australia as your home, plan to live in Balliang forever or otherwise be able to supply evidence that you resided in Australian for a minimum of 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 requires the parties to participate in 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 plans have been produced 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.
When a Divorce has actually been approved the Divorce becomes efficient one month and one day after the Order has been made.
As soon as a Divorce has worked, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration may be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Balliang
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the beginning of any Court procedures the parties are needed to go to, get involved and make a real effort in dealing with any parenting problems at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be set up with the support of lawyer, mediators and counsellors Balliang.
If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court must regard the very best interests of the child as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the children have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum extent constant with the very best interest of the kid; and
safeguarding the kids from physical and psychological harm and from going through, or exposed to, abuse, overlook or family violence; and
guaranteeing that children get adequate and correct parenting to help them achieve their complete potential; and
ensuring that moms and dads satisfy their duties, and meet their duties, concerning the care, welfare and development of their kids.
There are other factors that the Court may take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Balliang VIC
We are passionate regarding giving a specialized Prenup Balliang service that welcomes you, understands you and shows you empathy in difficult times. Find out why you can be guaranteed of our commitment to your legal requirements.