Accredited Family Law & Separation Specialists In Barwon Heads
We understand family law. Our Family Solicitors Barwon Heads have actually represented numerous family law customers over the years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having specific competence in divorce, child custody and home 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 skillfully throughout the Court process so that you get the best possible result. If you are seeking to engage the services of some of the best family lawyers Barwon Heads has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Barwon Heads, 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 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 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 files the application, or a joint application where both parties file the application together.
An application for Divorce is only readily available after a 12 month period 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 scenarios 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 same roof or if one has offered the other with some family services. It may be challenging to establish that separation has actually taken place in these situations and appropriately the Court will need evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, mean to reside in Barwon Heads forever or otherwise have the ability to offer proof that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has 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 think about that proper arrangements have actually 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 reliable one month and one day after the Order has been made.
Once a Divorce has worked, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration may be granted in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Barwon Heads
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 commencement of any Court proceedings the parties are needed to go to, get involved and make an authentic attempt in resolving any parenting problems at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be set up with the help of solicitor, conciliators and counsellors Barwon Heads.
If no contract can be reached beyond 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 acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to relate to the 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:
making sure that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum level constant with the best interest of the kid; and
safeguarding the children from physical and psychological harm and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get appropriate and appropriate parenting to help them attain their full potential; and
ensuring that moms and dads fulfil their responsibilities, and satisfy their obligations, concerning the care, well-being and development of their kids.
There are other aspects that the Court might take into account in any specific circumstances.
Why Choose Our Family Lawyers Barwon Heads VIC
We are passionate regarding giving a specialized Prenup Barwon Heads service that welcomes you, understands you as well as shows you empathy in challenging times. Figure out why you can be assured of our dedication to your legal requirements.