Accredited Family Law & Divorce Specialists In Barwon Downs
We understand family law. Our Family Lawyers Barwon Downs have actually represented numerous family law customers throughout the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific proficiency in divorce, child custody and residential or commercial property division.
We are devoted to helping you settle your matter as quickly 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 outcome. If you are aiming to engage the services of some of the best family lawyers Barwon Downs has to offer, then look no further. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Barwon Downs, 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 accusations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage 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 available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and implies more than physical separation where there is no probability 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 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 home services. It may be tough to establish that separation has actually occurred in these situations and accordingly the Court will require proof 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 developed, you or your spouse needs to regard Australia as your home, intend to live in Barwon Downs forever or otherwise have the ability to supply proof 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 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 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 household, and under the age of 18.
When a Divorce has actually been given the Divorce ends up being effective one month and one day after the Order has been made.
When a Divorce has actually worked, 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 given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Barwon Downs
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are needed to attend, participate and make a genuine effort in solving any parenting problems at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more settlements can be organized with the help of solicitor, conciliators and counsellors Barwon Downs.
If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must relate to the very best interests of the child as the critical 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 children have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum extent constant with the best interest of the kid; and
securing the kids from physical and psychological harm and from going through, or exposed to, abuse, overlook or family violence; and
ensuring that kids get adequate and correct parenting to help them accomplish their complete potential; and
making sure that moms and dads fulfil their responsibilities, and meet their obligations, concerning the care, well-being and development of their children.
There are other factors that the Court might take into consideration in any particular scenarios.
Why Choose Our Family Lawyers Barwon Downs VIC
We are passionate about providing a specialty Prenup Barwon Downs service that welcomes you, understands you as well as shows you empathy in tough times. Find out why you can be guaranteed of our commitment to your legal demands.