Accredited Family Law & Divorce Specialists In Maffra
We know family law. Our Family Lawyers Maffra have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having particular competence in divorce, child custody and residential or commercial property division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you get the very best possible outcome. If you are aiming to engage the services of some of the best family legal representatives Maffra has to offer, then look no further. 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 Maffra, 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 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 just available after a 12 month period of separation. This 12 month separation period is to be a continuous duration and implies more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in circumstances where the Court does not have jurisdiction to deal with 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 very same roof or if one has actually supplied the other with some family services. It may be difficult to develop that separation has taken place in these circumstances and appropriately the Court will need 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 have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to live in Maffra indefinitely or otherwise have the ability to offer evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually 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 appropriate plans have been produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that family, and under the age of 18.
Once a Divorce has actually been approved the Divorce becomes efficient one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Maffra
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are required to go to, get involved and make a real attempt in fixing any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more settlements can be organized with the assistance of solicitor, arbitrators and counsellors Maffra.
If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to concern the best interests of the child as the critical consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the children have the benefit of both of their parents having a significant involvement in their lives, to the optimum extent consistent with the best interest of the child; and
safeguarding the children from physical and psychological harm and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that kids receive adequate and proper parenting to help them achieve their full potential; and
ensuring that parents satisfy their duties, and satisfy their duties, concerning the care, well-being and development of their children.
There are other aspects that the Court may take into account in any particular circumstances.
Why Choose Our Family Lawyers Maffra VIC
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