Accredited Family Law & Separation Specialists In Mambourin
We know family law. Our Family Solicitors Mambourin have represented hundreds of family law customers over the years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having specific competence in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you get the very best possible result. If you are aiming to engage the services of a few of the very best family lawyers Mambourin has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Mambourin, 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 allegations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has 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 marriage submits the application, or a joint application where both parties file the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and indicates 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 residing under the very same roof or if one has provided the other with some home services. It might be tough to develop that separation has actually taken place in these scenarios 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 need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to live in Mambourin forever or otherwise be able to supply 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 proper arrangements have actually been produced 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.
As soon as a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has actually been made.
As soon as a Divorce has actually taken effect, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period might be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Mambourin
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 procedures the parties are required to participate in, take part and make a genuine effort in solving any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be arranged with the help of lawyer, conciliators and counsellors Mambourin.
If no agreement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have actually attempted a dispute 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 needs to concern the best interests of the child as the critical consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the children have the advantage of both of their parents having a significant participation in their lives, to the optimum level consistent with the best interest of the child; and
securing the kids from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that kids get appropriate and proper parenting to help them attain their full potential; and
guaranteeing that moms and dads fulfil their tasks, and satisfy their obligations, concerning the care, well-being and development of their children.
There are other aspects that the Court may consider in any specific situations.
Why Choose Our Family Lawyers Mambourin VIC
We are passionate regarding giving a specialized Prenup Mambourin service that welcomes you, understands you and shows you empathy in difficult times. Figure out why you can be assured of our dedication to your legal demands.