Accredited Family Law & Divorce Specialists In Strathbogie
We know family law. Our Child Custody Lawyers Strathbogie have represented numerous family law clients throughout the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having specific knowledge in divorce, child custody and residential or commercial property division.
We are devoted 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 result. If you are planning to engage the services of some of the very best family lawyers Strathbogie has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Strathbogie, the Family Law Act 1975 developed 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 abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually 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 submits 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 duration is to be a constant period 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 same roof or if one has provided the other with some household services. It may be tough to establish that separation has occurred in these circumstances and appropriately 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to live in Strathbogie indefinitely or otherwise have the ability to supply evidence that you lived in Australian for at least 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 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 have to think about that proper plans 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 treated as a member of that home, and under the age of 18.
As soon as a Divorce has actually been granted the Divorce ends up being effective one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, 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 Strathbogie
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 commencement of any Court proceedings the parties are needed to attend, participate and make a real attempt in dealing with any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be arranged with the support of lawyer, conciliators and counsellors Strathbogie.
If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a dispute 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 very best interests of the child as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled 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 degree constant with the best interest of the child; and
protecting the kids from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and
making sure that children receive appropriate and correct parenting to assist them attain their complete potential; and
making sure that parents fulfil their responsibilities, and satisfy their responsibilities, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court may take into account in any specific circumstances.
Why Choose Our Child Custody Lawyers Strathbogie VIC
We are passionate about offering a specialized Family Law service Strathbogie that welcomes you, understands you and also shows you empathy in difficult times. Discover why you can be assured of our commitment to your legal demands.