Accredited Family Law & Separation Specialists In Birchip
We understand family law. Our Family Solicitors Birchip have represented numerous family law customers over the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having particular know-how in divorce, child custody and home division.
We are dedicated 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 procedure so that you get the very best possible result. If you are planning to engage the services of some of the best family legal representatives Birchip has to offer, then look no further. When engaging among our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Birchip, the Family Law Act 1975 developed 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 accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties submit the application together.
An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous period and implies more than physical separation where there is no possibility 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 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 actually provided the other with some household services. It might be hard to develop that separation has occurred in these circumstances and appropriately the Court will need 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 partner needs to regard Australia as your home, mean to live in Birchip indefinitely or otherwise be able to provide proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances 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 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 household, and under the age of 18.
As soon as a Divorce has 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 period where to file an application for property/financial and spousal upkeep. An extension to this period might be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Birchip
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the start of any Court procedures the parties are needed to attend, take part and make a real effort in fixing any parenting problems at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no arrangement can be reached, further settlements can be arranged with the support of lawyer, arbitrators and counsellors Birchip.
If no contract can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court must relate to the best interests of the child as the critical consideration.
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 moms and dads having a meaningful involvement in their lives, to the optimum extent constant with the very best interest of the kid; and
safeguarding the kids from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
making sure that children get adequate and appropriate parenting to assist them achieve their complete potential; and
making sure that parents satisfy their responsibilities, and fulfill their obligations, concerning the care, well-being and advancement of their kids.
There are other aspects that the Court may take into account in any particular scenarios.
Why Choose Our Family Lawyers Birchip VIC
We are passionate regarding offering a specialized Prenup Birchip service that welcomes you, understands you and also shows you empathy in difficult times. Figure out why you can be assured of our dedication to your legal needs.