Accredited Family Law & Divorce Specialists In Tambo Upper
We understand family law. Our Child Custody Lawyers Tambo Upper have actually represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific proficiency in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you acquire the best possible outcome. If you are wanting to engage the services of some of the best family lawyers Tambo Upper has to offer, then look no more. When engaging one of our experts, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Tambo Upper, the Family Law Act 1975 developed 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 allegations of adultery, 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 submits the application, or a joint application where both parties submit the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and indicates more than physical separation where there is no probability of reconciliation.
The application can be opposed in scenarios 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 residing under the exact same roof or if one has actually offered the other with some family services. It might be difficult to develop that separation has actually occurred in these circumstances and accordingly the Court will need proof in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse 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, plan to reside in Tambo Upper forever or otherwise be able 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 actually been wed for less than 2 years, the Court requires 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 actually been made for 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 household, and under the age of 18.
When a Divorce has actually been approved the Divorce ends up being effective one month and one day after the Order has actually been made.
Once a Divorce has actually taken effect, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period might be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Tambo Upper
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are needed to attend, participate and make a real attempt in fixing any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be set up with the help of solicitor, conciliators and counsellors Tambo Upper.
If no arrangement can be reached outside of the court system, an individual 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 invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must relate to the very best interests of the child as the vital factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the kids have the advantage of both of their parents having a meaningful involvement 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, overlook or family violence; and
ensuring that children get appropriate and appropriate parenting to help them achieve their full potential; and
making sure that moms and dads fulfil their responsibilities, and satisfy their responsibilities, concerning the care, well-being and development of their children.
There are other factors that the Court might take into account in any particular situations.
Why Choose Our Child Custody Lawyers Tambo Upper VIC
We are passionate regarding giving a specialized Family Law service Tambo Upper that welcomes you, understands you and shows you empathy in difficult times. Discover why you can be assured of our commitment to your legal needs.