Accredited Family Law & Divorce Specialists In Mount Emu
We know family law. Our Family Solicitors Mount Emu have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific proficiency in divorce, child custody and home division.
We are committed 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 procedure so that you acquire the best possible outcome. If you are planning to engage the services of a few of the very best family legal representatives Mount Emu has to offer, then look no further. When engaging among our professionals, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Mount Emu, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations 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 files the application, or a joint application where both parties file the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and indicates more than physical separation where there is no probability 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 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 home services. It might be difficult to establish that separation has occurred in these scenarios 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 live in Mount Emu indefinitely or otherwise be able to provide proof that you resided in Australian for at least 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 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 need to think about that proper arrangements have actually 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 family, and under the age of 18.
Once a Divorce has been granted the Divorce becomes efficient one month and one day after the Order has been made.
Once a Divorce has worked, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Mount Emu
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the beginning of any Court proceedings the parties are needed to attend, get involved and make a genuine effort in fixing any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be arranged with the assistance of lawyer, arbitrators and counsellors Mount Emu.
If no contract can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should concern the best interests of the child as the paramount factor to consider.
Inning accordance with 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 moms and dads having a significant participation in their lives, to the optimum extent consistent with the very best interest of the child; and
securing the kids from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and
ensuring that children receive adequate and proper parenting to help them attain their complete potential; and
guaranteeing that parents satisfy their duties, and satisfy their responsibilities, concerning the care, well-being and advancement of their children.
There are other factors that the Court may consider in any particular scenarios.
Why Choose Our Family Lawyers Mount Emu VIC
We are passionate about offering a specialized Prenup Mount Emu service that welcomes you, understands you as well as shows you empathy in tough times. Find out why you can be assured of our commitment to your legal demands.