Accredited Family Law & Separation Specialists In Pine Lodge
We understand family law. Our Child Custody Solicitors Pine Lodge have represented numerous family law clients over the years and act for mums, fathers, grandmas, grandfathers, 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 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 skillfully throughout the Court process so that you get the very best possible outcome. If you are seeking to engage the services of some of the best family solicitors Pine Lodge has to offer, then look no further. 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 Pine Lodge, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is usually submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship 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 period of separation. This 12 month separation period is to be a constant period and suggests more than physical separation where there is no likelihood 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 not been separated for more than 12 months.
An application can still be made while the parties are residing under the same roof or if one has actually supplied the other with some home services. It may be tough to establish that separation has actually happened in these situations and appropriately the Court will require proof in assistance of the application.
In addition to the requirements of a duration 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 spouse needs to regard Australia as your home, mean to reside in Pine Lodge indefinitely or otherwise be able to offer evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been married 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 correct arrangements have actually 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 treated as a member of that home, and under the age of 18.
Once a Divorce has been given the Divorce becomes efficient one month and one day after the Order has actually been made.
When a Divorce has worked, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration might be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Pine Lodge
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 start of any Court proceedings the parties are needed to attend, participate and make an authentic effort in resolving any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more negotiations can be organized with the assistance of lawyer, mediators and counsellors Pine Lodge.
If no agreement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to relate to the very best interests of the kid as the paramount consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the maximum degree constant with the best interest of the kid; and
protecting the kids from physical and mental damage and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get sufficient and appropriate parenting to help them attain their complete potential; and
making sure that parents satisfy their duties, and meet their responsibilities, concerning the care, welfare and development of their children.
There are other aspects that the Court might take into account in any specific circumstances.
Why Choose Our Child Custody Lawyers Pine Lodge VIC
We are passionate about providing a specialized Family Law service Pine Lodge that welcomes you, understands you and also shows you empathy in challenging times. Figure out why you can be assured of our dedication to your legal requirements.