Accredited Family Law & Divorce Specialists In Metung
We understand family law. Our Family Solicitors Metung have represented hundreds of family law clients for many years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having particular expertise in divorce, child custody and residential or commercial property division.
We are committed 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 planning to engage the services of a few of the very best family lawyers Metung has to offer, then look no further. When engaging one of our experts, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Metung, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests 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 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 marital relationship 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 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 situations 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 very same roof or if one has offered the other with some household services. It may be hard to develop that separation has actually taken place in these situations and accordingly the Court will require proof in support 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 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 live in Metung forever or otherwise be able to provide proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been married for less than 2 years, the Court requires 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 consider 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 dealt with as a member of that household, and under the age of 18.
Once a Divorce has been approved the Divorce ends up being efficient one month and one day after the Order has been made.
When a Divorce has worked, there is only a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this duration might be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Metung
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the beginning of any Court procedures the parties are needed to participate in, get involved and make an authentic attempt in dealing with any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Approval Orders. If no contract can be reached, even more negotiations can be set up with the support of lawyer, conciliators and counsellors Metung.
If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should relate to the best interests of the child as the critical factor to consider.
Inning accordance with 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 parents having a meaningful participation in their lives, to the optimum degree constant with the best interest of the child; and
safeguarding the children from physical and psychological damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that children get appropriate and correct parenting to assist them accomplish their complete potential; and
making sure that parents satisfy their responsibilities, and fulfill their duties, concerning the care, welfare and advancement of their children.
There are other factors that the Court may consider in any specific scenarios.
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