Accredited Family Law & Separation Specialists In Tarwin Lower
We understand family law. Our Child Custody Solicitors Tarwin Lower have represented hundreds of family law clients throughout the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having specific proficiency in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible outcome. If you are planning to engage the services of a few of the very best family solicitors Tarwin Lower has to offer, then look no further. When engaging among our specialists, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Tarwin Lower, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is typically filed 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 readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and indicates more than physical separation where there is no probability of reconciliation.
The application can be opposed in situations 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 supplied the other with some family services. It may be hard to establish that separation has actually taken place in these scenarios and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to live in Tarwin Lower forever or otherwise be able 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 actually been wed for less than 2 years, the Court requires 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 need to consider that appropriate arrangements have actually been produced 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 home, and under the age of 18.
When a Divorce has actually been approved the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period may be granted in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Tarwin Lower
Applications for Parenting Orders can be brought by either or both of the moms and dads, 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 an authentic attempt in fixing any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no arrangement can be reached, further settlements can be organized with the assistance of solicitor, mediators and counsellors Tarwin Lower.
If no arrangement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must regard 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 met by:
making sure that the children have the benefit of both of their parents having a significant involvement in their lives, to the maximum level constant with the very best interest of the kid; and
safeguarding the kids from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
making sure that kids receive adequate and appropriate parenting to assist them accomplish their complete potential; and
making sure that parents fulfil their duties, and fulfill their duties, concerning the care, well-being and development of their children.
There are other elements that the Court may consider in any particular circumstances.
Why Choose Our Child Custody Lawyers Tarwin Lower VIC
We are passionate about offering a specialized Family Law service Tarwin Lower that welcomes you, understands you as well as shows you empathy in challenging times. Find out why you can be assured of our dedication to your legal demands.