Accredited Family Law & Divorce Specialists In Flamingo Beach
We understand family law. Our Family Solicitors Flamingo Beach have actually represented numerous family law clients throughout the years and act for mums, fathers, grandmothers, grandpas, 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 specific knowledge in divorce, child custody and home division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you obtain the best possible result. If you are aiming to engage the services of some of the very best family lawyers Flamingo Beach has to offer, then look no more. When engaging among our experts, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Flamingo Beach, the Family Law Act 1975 developed 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 marital relationship has broken down irretrievably.
Any application for Divorce is generally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties file the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a constant period and suggests more than physical separation where there is no probability 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 residing under the exact same roof or if one has offered the other with some family services. It may be challenging to establish that separation has actually happened in these situations and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to live in Flamingo Beach indefinitely or otherwise be able to provide evidence that you resided 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 requires the parties to participate in 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 appropriate 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 family, and under the age of 18.
As soon as a Divorce has been approved the Divorce ends up being efficient one month and one day after the Order has actually been made.
When a Divorce has worked, there is just a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period may be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Flamingo Beach
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a kid’s life.
Prior to the beginning of any Court proceedings the parties are needed to participate in, participate and make a real effort in resolving any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Approval Orders. If no contract can be reached, even more settlements can be set up with the help of solicitor, conciliators and counsellors Flamingo Beach.
If no agreement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to relate to the very best interests of the kid as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the kids have the benefit of both of their parents having a significant participation in their lives, to the optimum level constant with the best interest of the child; and
securing the kids from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that kids get adequate and correct parenting to help them attain their complete potential; and
ensuring that parents satisfy their tasks, and satisfy their duties, concerning the care, well-being and development of their kids.
There are other factors that the Court might consider in any specific situations.
Why Choose Our Domestic Violence Lawyers Flamingo Beach VIC
We are passionate about providing a specialty domestic violence lawyer Flamingo Beach service that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be assured of our commitment to your legal needs.