Accredited Family Law & Separation Specialists In Macs Cove
We know family law. Our Family Solicitors Macs Cove have represented numerous family law customers over the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having particular competence 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 possible, then we will represent you skillfully throughout the Court process so that you get the best possible result. If you are aiming to engage the services of a few of the very best family lawyers Macs Cove has to offer, then look no further. When engaging among our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Macs Cove, the Family Law Act 1975 established 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 allegations of infidelity, violence or abandonment are irrelevant. 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 marriage submits the application, or a joint application where both parties submit 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 duration and suggests 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 deal with 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 residing under the very same roof or if one has provided the other with some home services. It may be challenging to establish that separation has occurred in these circumstances and accordingly the Court will require evidence in assistance of the application.
In addition to the requirements of a duration 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 spouse has to regard Australia as your home, mean to live in Macs Cove indefinitely or otherwise be able to offer 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 actually been married 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 have to think about that appropriate arrangements have been made for any child of the marital relationship, 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 actually been given the Divorce ends up being effective one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Macs Cove
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the beginning of any Court proceedings the parties are required to participate in, take part and make an authentic attempt in resolving any parenting issues at a household conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be set up with the assistance of solicitor, conciliators and counsellors Macs Cove.
If no contract can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must regard the very best interests of the kid as the vital consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the children have the advantage of both of their moms and dads having a meaningful participation in their lives, to the maximum level consistent with the best interest of the kid; and
protecting the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
making sure that children receive adequate and correct parenting to help them accomplish their full potential; and
making sure that parents fulfil their duties, and fulfill their obligations, concerning the care, welfare and development of their kids.
There are other elements that the Court might take into account in any particular scenarios.
Why Choose Our Family Lawyers Macs Cove VIC
We are passionate about giving a specialty Prenup Macs Cove service that welcomes you, understands you and shows you empathy in difficult times. Figure out why you can be guaranteed of our dedication to your legal needs.