Accredited Family Law & Divorce Specialists In Neereman
We know family law. Our Family Lawyers Neereman have actually represented numerous family law clients over the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having specific expertise 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 expertly throughout the Court procedure so that you acquire the best possible outcome. If you are planning to engage the services of some of the very best family solicitors Neereman has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Neereman, the Family Law Act 1975 established 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 adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is typically 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 file the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and indicates more than physical separation where there is no possibility 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 same roof or if one has supplied the other with some household services. It might be tough to develop that separation has taken place in these scenarios and appropriately the Court will need proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to live in Neereman 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 circumstances where a couple has been wed for less than 2 years, the Court needs the parties to attend 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 consider that appropriate arrangements have been made for 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 approved the Divorce ends up being reliable one month and one day after the Order has actually been made.
Once 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 period might be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Neereman
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the start of any Court proceedings the parties are required to attend, participate and make a real attempt in solving any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be arranged with the help of solicitor, mediators and counsellors Neereman.
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 tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should relate to the very best interests of the kid 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 advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum level consistent with the very best interest of the kid; and
safeguarding the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids receive sufficient and correct parenting to help them achieve their complete potential; and
guaranteeing that moms and dads fulfil their responsibilities, and fulfill their duties, concerning the care, well-being and development of their kids.
There are other elements that the Court might consider in any specific scenarios.
Why Choose Our Family Lawyers Neereman VIC
We are passionate about giving a specialized Prenup Neereman service that welcomes you, understands you and also shows you empathy in tough times. Find out why you can be assured of our commitment to your legal needs.