Accredited Family Law & Divorce Specialists In Queenscliff
We know family law. Our Child Custody Lawyers Queenscliff have actually represented hundreds of family law customers for many years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having particular knowledge in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully 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 Queenscliff has to offer, then look no more. When engaging among our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Queenscliff, 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 allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally submitted 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 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 circumstances where the Court does not have jurisdiction to handle 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 living under the same roof or if one has actually provided the other with some family services. It may be tough to establish that separation has happened in these situations and accordingly the Court will need proof in support 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 resident by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to reside in Queenscliff forever or otherwise have the ability to supply evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been wed for less than 2 years, the Court needs the parties to go to 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 been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that family, and under the age of 18.
When a Divorce has been granted the Divorce ends up being reliable one month and one day after the Order has actually been made.
As soon as a Divorce has actually 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 might be given in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Queenscliff
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the start of any Court proceedings the parties are needed to attend, take part and make a real attempt in fixing any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Permission Orders. If no agreement can be reached, further negotiations can be set up with the assistance of solicitor, conciliators and counsellors Queenscliff.
If no contract can be reached outside of the court system, a person may 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 acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to relate to the very best interests of the kid as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the children have the benefit of both of their parents having a meaningful involvement in their lives, to the optimum extent constant with the very best interest of the kid; and
protecting the children from physical and psychological harm and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids get appropriate and proper parenting to help them achieve their complete potential; and
ensuring that parents satisfy their responsibilities, and meet their duties, concerning the care, welfare and advancement of their kids.
There are other elements that the Court may take into account in any specific situations.
Why Choose Our Child Custody Lawyers Queenscliff VIC
We are passionate about giving a specialty Family Law service Queenscliff that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be assured of our dedication to your legal requirements.