Accredited Family Law & Separation Specialists In Mardan
We understand family law. Our Family Lawyers Mardan have represented numerous family law clients throughout the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having particular knowledge 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 attainable, then we will represent you skillfully throughout the Court procedure so that you get the very best possible result. If you are looking to engage the services of some of the best family legal representatives Mardan has to offer, then look no further. When engaging among our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Mardan, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, 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 typically filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage 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 period of separation. This 12 month separation duration is to be a constant period and implies more than physical separation where there is no possibility of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to handle 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 exact same roof or if one has supplied the other with some home services. It may be hard to establish that separation has actually happened in these circumstances and accordingly the Court will require 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 person by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, plan to reside in Mardan indefinitely or otherwise have the ability to provide proof that you lived 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 participate in 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 actually or was adopted or who is treated as a member of that family, and under the age of 18.
As soon as a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has actually been made.
When a Divorce has taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Mardan
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the beginning of any Court proceedings the parties are required to participate in, participate and make a genuine effort in fixing any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more settlements can be organized with the help of lawyer, arbitrators and counsellors Mardan.
If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to regard the best interests of the child as the paramount consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the children have the benefit of both of their parents having a meaningful participation in their lives, to the optimum level constant with the very best interest of the kid; and
protecting the children from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids receive adequate and correct parenting to assist them attain their complete potential; and
ensuring that parents fulfil their responsibilities, and satisfy their responsibilities, concerning the care, well-being and development of their kids.
There are other aspects that the Court may consider in any particular scenarios.
Why Choose Our Family Lawyers Mardan VIC
We are passionate regarding giving a specialized Prenup Mardan service that welcomes you, understands you and shows you empathy in hard times. Figure out why you can be guaranteed of our dedication to your legal requirements.