Accredited Family Law & Divorce Specialists In Barwidgee
We know family law. Our Family Solicitors Barwidgee have represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandfathers, 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 specific know-how in divorce, child custody and residential or commercial property division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you get the very best possible result. If you are planning to engage the services of some of the very best family lawyers Barwidgee has to offer, then look no more. 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 Barwidgee, 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 marital relationship has actually 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 submits the application, or a joint application where both parties file the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and implies more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations 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 very same roof or if one has provided the other with some household services. It may be challenging to develop that separation has occurred in these scenarios and appropriately the Court will need proof in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, mean to live in Barwidgee indefinitely 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 circumstances where a couple has actually been wed for less than 2 years, the Court needs the parties to attend 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 produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that family, and under the age of 18.
As soon as a Divorce has actually been granted the Divorce becomes efficient one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period may be approved in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Barwidgee
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 beginning of any Court procedures the parties are required to participate in, take part and make an authentic effort in solving any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no contract can be reached, even more settlements can be organized with the support of lawyer, conciliators and counsellors Barwidgee.
If no contract can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to relate to the very best interests of the kid as the critical consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the maximum level consistent with the best interest of the child; 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 kids get appropriate and appropriate parenting to help them achieve their full potential; and
ensuring that moms and dads satisfy their responsibilities, and satisfy their obligations, concerning the care, well-being and advancement of their kids.
There are other factors that the Court might take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Barwidgee VIC
We are passionate about giving a specialized Prenup Barwidgee service that welcomes you, understands you and also shows you empathy in challenging times. Discover why you can be guaranteed of our dedication to your legal requirements.