Accredited Family Law & Separation Specialists In Murmungee
We understand family law. Our Family Solicitors Murmungee have represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandpas, 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 specific expertise in divorce, child custody and residential or commercial property division.
We are committed to assisting 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 best possible outcome. If you are planning to engage the services of some of the very best family legal representatives Murmungee has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Murmungee, 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 irrelevant. 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 marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and indicates 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 deal with 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 offered the other with some home services. It may be tough to develop that separation has occurred in these circumstances and appropriately the Court will need 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 need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, intend to live in Murmungee indefinitely or otherwise be able to offer 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 actually 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 need to think about that proper arrangements have 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 family, and under the age of 18.
Once a Divorce has actually been given the Divorce ends up being effective one month and one day after the Order has been made.
Once 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 scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Murmungee
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 required to participate in, get involved and make an authentic attempt in dealing with any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be organized with the assistance of solicitor, mediators and counsellors Murmungee.
If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to relate to the best interests of the kid as the critical consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the kids have the benefit of both of their parents having a significant involvement in their lives, to the optimum extent constant with the very best interest of the kid; and
safeguarding the kids from physical and psychological harm and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that kids get sufficient and appropriate parenting to help them accomplish their full potential; and
guaranteeing that moms and dads fulfil their tasks, and meet their duties, concerning the care, well-being and advancement of their children.
There are other elements that the Court might take into consideration in any particular situations.
Why Choose Our Family Lawyers Murmungee VIC
We are passionate about providing a specialty Prenup Murmungee service that welcomes you, understands you as well as shows you empathy in difficult times. Find out why you can be guaranteed of our commitment to your legal requirements.