Accredited Family Law & Separation Specialists In Outtrim
We understand family law. Our Family Solicitors Outtrim have actually represented hundreds of family law customers 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 aspects of family law, having specific expertise in divorce, child custody and property division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you obtain the best possible result. If you are looking to engage the services of a few of the best family solicitors Outtrim has to offer, then look no more. When engaging among our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Outtrim, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means 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 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 just readily available after a 12 month period of separation. This 12 month separation period is to be a continuous duration and means 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 deal with 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 residing under the exact same roof or if one has actually offered the other with some family services. It might be tough to establish that separation has actually happened in these situations and appropriately 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 developed, you or your spouse has to regard Australia as your home, intend to live in Outtrim forever or otherwise have the ability to provide proof that you lived in Australian for at least 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 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 consider that appropriate arrangements have actually 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 treated as a member of that home, and under the age of 18.
Once a Divorce has actually been approved 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 submit an application for property/financial and spousal upkeep. An extension to this duration may be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Outtrim
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the start of any Court procedures the parties are needed to participate in, take part and make a genuine effort in solving any parenting problems at a family conflict resolution conference. Following conclusion 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 Consent Orders. If no arrangement can be reached, even more negotiations can be set up with the help of solicitor, arbitrators and counsellors Outtrim.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to regard the best interests of the child as the critical factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum degree consistent with the best interest of the kid; and
securing the kids from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids get appropriate and correct parenting to assist them attain their full potential; and
making sure that parents satisfy their tasks, and fulfill their duties, concerning the care, welfare and advancement of their children.
There are other factors that the Court may take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Outtrim VIC
We are passionate regarding giving a specialized Prenup Outtrim service that welcomes you, understands you and shows you empathy in difficult times. Find out why you can be assured of our commitment to your legal requirements.