Accredited Family Law & Separation Specialists In Merrijig
We know family law. Our Family Lawyers Merrijig have represented numerous family law clients over the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives 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 attainable, then we will represent you skillfully throughout the Court process so that you obtain the very best possible result. If you are seeking to engage the services of a few of the best family solicitors Merrijig has to offer, then look no further. When engaging among our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Merrijig, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, 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 normally submitted 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 submit 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 means 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 exact same roof or if one has actually provided the other with some household services. It might be tough to establish that separation has actually occurred in these situations and appropriately 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to live in Merrijig forever or otherwise have the ability to offer evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been wed for less than 2 years, the Court needs 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 have to think about that proper arrangements have been made for 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 household, and under the age of 18.
When a Divorce has been given the Divorce ends up being reliable one month and one day after the Order has actually been made.
When a Divorce has worked, there is just a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration may be approved in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Merrijig
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the beginning of any Court proceedings the parties are needed to participate in, take part and make a real attempt in fixing any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more settlements can be set up with the support of solicitor, conciliators and counsellors Merrijig.
If no arrangement can be reached beyond 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 dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must relate to 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 met by:
ensuring that the children have the benefit 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
safeguarding the children from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids get adequate and appropriate parenting to assist them accomplish their full potential; and
guaranteeing that parents fulfil their tasks, and satisfy their responsibilities, concerning the care, welfare and development of their kids.
There are other elements that the Court may take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Merrijig VIC
We are passionate regarding giving a specialized Prenup Merrijig service that welcomes you, understands you as well as shows you empathy in difficult times. Figure out why you can be assured of our commitment to your legal demands.