Accredited Family Law & Separation Specialists In Eaglehawk North
We know family law. Our Family Lawyers Eaglehawk North have represented hundreds of family law customers throughout the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having specific competence 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 expertly throughout the Court procedure so that you get the very best possible outcome. If you are seeking to engage the services of some of the best family lawyers Eaglehawk North has to offer, then look no further. When engaging among our experts, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Eaglehawk North, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has 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 marital relationship submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation duration is to be a continuous period and indicates more than physical separation where there is no possibility 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 provided the other with some home services. It may be tough to establish that separation has taken place in these circumstances and accordingly the Court will require proof in support of the application.
In addition to the requirements of a duration 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 spouse needs to regard Australia as your home, plan to reside in Eaglehawk North forever or otherwise have the ability to provide proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has 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 think about that appropriate arrangements have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, and under the age of 18.
Once a Divorce has been given the Divorce becomes effective one month and one day after the Order has been made.
As soon as 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 period might be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Eaglehawk North
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the commencement of any Court procedures the parties are needed to participate in, take part and make a real attempt in solving any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be arranged with the support of solicitor, conciliators and counsellors Eaglehawk North.
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 confirmation that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to concern the best interests of the kid as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the benefit of both of their parents having a significant involvement in their lives, to the maximum degree constant with the very best interest of the child; and
protecting the children from physical and mental damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
ensuring that kids get adequate and appropriate parenting to help them achieve their complete potential; and
making sure that parents satisfy their tasks, and fulfill their responsibilities, concerning the care, well-being and development of their children.
There are other aspects that the Court might take into account in any specific situations.
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