Accredited Family Law & Divorce Specialists In Birregurra
We understand family law. Our Family Solicitors Birregurra have actually represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having particular knowledge in divorce, child custody and property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you obtain the very best possible result. If you are aiming to engage the services of some of the best family legal representatives Birregurra has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Birregurra, 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 abandonment are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is usually submitted 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 available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and suggests 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 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 supplied the other with some family services. It might be tough to establish that separation has actually taken place in these circumstances and accordingly 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 partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to reside in Birregurra indefinitely or otherwise be able to supply 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 actually been married for less than 2 years, the Court requires 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 need to consider that correct plans have actually been produced 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 family, and under the age of 18.
Once a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has been made.
When a Divorce has actually taken effect, there is only a 12 month period 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 agree to the extension and the parties have the leave of the Court.
Parenting Orders Birregurra
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a kid’s life.
Prior to the beginning of any Court procedures the parties are needed to attend, participate and make an authentic effort in dealing with any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Permission Orders. If no contract can be reached, even more negotiations can be arranged with the help of solicitor, arbitrators and counsellors Birregurra.
If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court should concern the best interests of the child as the paramount factor to consider.
Inning accordance with area 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 degree constant with the very best interest of the kid; and
securing the kids from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
making sure that children get appropriate and correct parenting to assist them achieve their full potential; and
guaranteeing that moms and dads fulfil their tasks, and meet their obligations, concerning the care, well-being and advancement of their children.
There are other factors that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Birregurra VIC
We are passionate regarding giving a specialty Prenup Birregurra service that welcomes you, understands you and also shows you empathy in difficult times. Discover why you can be assured of our commitment to your legal demands.