Accredited Family Law & Divorce Specialists In Flinders
We know family law. Our Family Lawyers Flinders have represented numerous family law clients for many years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having specific competence in divorce, child custody and property division.
We are dedicated to helping 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 obtain the very best possible result. If you are looking to engage the services of a few of the best family solicitors Flinders has to offer, then look no more. When engaging among our experts, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Flinders, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies 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 marital relationship has 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 file the application together.
An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation period is to be a continuous duration and suggests 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 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 living under the same roof or if one has supplied the other with some household services. It may be difficult to establish that separation has actually happened in these circumstances and appropriately the Court will require 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 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, mean to reside in Flinders indefinitely or otherwise be able to provide 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 married 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 correct plans have been produced any child of the marriage, or a child from another relationship, or a child who has 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 given the Divorce becomes effective one month and one day after the Order has actually been made.
As soon as a Divorce has actually worked, there is just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this period might be granted in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Flinders
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, take part and make an authentic effort in fixing any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more settlements can be arranged with the help of solicitor, arbitrators and counsellors Flinders.
If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have actually 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 concern the best interests of the child as the paramount consideration.
Inning accordance with section 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 significant participation in their lives, to the optimum level constant with the very best interest of the child; and
safeguarding the kids from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
guaranteeing that children get sufficient and appropriate parenting to help them accomplish their complete potential; and
making sure that moms and dads fulfil their tasks, and meet their duties, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court might take into account in any specific situations.
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