Accredited Family Law & Separation Specialists In Barrakee
We know family law. Our Family Lawyers Barrakee have actually represented numerous family law customers over the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having particular competence 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 achievable, then we will represent you skillfully throughout the Court process so that you get the very best possible result. If you are aiming to engage the services of a few of the very best family legal representatives Barrakee has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Barrakee, 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 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 normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation duration is to be a constant period and indicates more than physical separation where there is no possibility of reconciliation.
The application can be opposed in circumstances where the Court does not have jurisdiction to handle 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 exact same roof or if one has provided the other with some home services. It may be challenging to develop that separation has occurred in these circumstances and accordingly the Court will need proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner 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, mean to reside in Barrakee indefinitely or otherwise be able to supply evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has been wed for less than 2 years, the Court requires 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 appropriate arrangements have 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 treated as a member of that household, and under the age of 18.
Once a Divorce has been given the Divorce becomes effective 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 where to submit an application for property/financial and spousal maintenance. An extension to this duration may be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Barrakee
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the beginning of any Court procedures the parties are needed to participate in, get involved and make a genuine effort in solving any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no arrangement can be reached, further negotiations can be set up with the assistance of lawyer, mediators and counsellors Barrakee.
If no agreement can be reached beyond the court system, a person may 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 invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should relate to the best interests of the child as the vital factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the children have the advantage of both of their moms and dads having a meaningful participation in their lives, to the maximum extent constant with the best interest of the kid; and
protecting the kids from physical and mental damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids receive adequate and appropriate parenting to assist them achieve their full potential; and
ensuring that moms and dads satisfy their duties, and meet their duties, concerning the care, welfare and advancement of their children.
There are other factors that the Court might take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Barrakee VIC
We are passionate regarding giving a specialized Prenup Barrakee service that welcomes you, understands you and shows you empathy in hard times. Figure out why you can be assured of our dedication to your legal demands.