Accredited Family Law & Separation Specialists In Norong
We understand family law. Our Family Solicitors Norong have represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular know-how in divorce, child custody and home division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you get the best possible result. If you are aiming to engage the services of some of the best family solicitors Norong has to offer, then look no further. When engaging one of 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 Norong, 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 allegations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has actually 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 submits the application, or a joint application where both parties file the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation duration is to be a constant period and suggests more than physical separation where there is no possibility of reconciliation.
The application can be opposed in circumstances 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 offered the other with some household services. It may be hard to establish that separation has happened in these situations 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 spouse will need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to live in Norong forever or otherwise be able to supply proof that you lived in Australian for a minimum of 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 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 have to consider that proper plans have actually been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that family, 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 been made.
When a Divorce has actually taken effect, there is just a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this duration might be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Norong
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a kid’s life.
Prior to the commencement of any Court procedures the parties are required to attend, get involved and make a genuine effort in fixing any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no contract can be reached, further negotiations can be organized with the assistance of lawyer, mediators and counsellors Norong.
If no agreement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have tried 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 needs to regard the best interests of the kid as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the children have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the maximum level constant with the very best interest of the kid; and
securing the children from physical and psychological damage and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that children receive sufficient and proper parenting to assist them accomplish their complete potential; and
ensuring that moms and dads fulfil their duties, and satisfy their obligations, concerning the care, welfare and development of their kids.
There are other factors that the Court may take into account in any particular situations.
Why Choose Our Family Lawyers Norong VIC
We are passionate about providing a specialized Prenup Norong service that welcomes you, understands you and shows you empathy in hard times. Figure out why you can be guaranteed of our commitment to your legal demands.