Accredited Family Law & Separation Specialists In Barunah Park
We understand family law. Our Family Solicitors Barunah Park have represented numerous family law clients over the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having specific expertise in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you get the best possible result. If you are seeking to engage the services of a few of the very best family lawyers Barunah Park has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Barunah Park, the Family Law Act 1975 developed 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 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 marriage files 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 period is to be a continuous 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 same roof or if one has supplied the other with some family services. It might be tough to establish that separation has taken place in these situations and accordingly the Court will require evidence in assistance 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 person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, mean to reside in Barunah Park forever or otherwise be able to provide evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In instances 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 have to consider that correct arrangements have been made for any child of the marriage, 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 home, and under the age of 18.
When a Divorce has been approved the Divorce becomes reliable one month and one day after the Order has been made.
When a Divorce has taken effect, there is only a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this period may be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Barunah Park
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to attend, take part and make a genuine attempt in resolving any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more negotiations can be organized with the assistance of lawyer, arbitrators and counsellors Barunah Park.
If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually tried 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 should relate to the very best interests of the child as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the kids have the benefit of both of their parents having a significant participation in their lives, to the optimum level consistent with the very best interest of the child; and
safeguarding the children from physical and mental harm and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that children get appropriate and proper parenting to assist them achieve their complete potential; and
making sure that parents satisfy their responsibilities, and meet their responsibilities, concerning the care, welfare and advancement of their children.
There are other elements that the Court might take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Barunah Park VIC
We are passionate regarding providing a specialized Prenup Barunah Park service that welcomes you, understands you and also shows you empathy in tough times. Find out why you can be guaranteed of our dedication to your legal demands.