Accredited Family Law & Divorce Specialists In Fountain Gate
We know family law. Our Family Solicitors Fountain Gate have actually represented hundreds of family law clients for many years and act for mums, dads, grandmas, grandpas, 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 expertise in divorce, child custody and residential or commercial property 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 expertly throughout the Court process so that you obtain the very best possible outcome. If you are looking to engage the services of some of the best family solicitors Fountain Gate has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Fountain Gate, 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 allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually 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 submits 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 period is to be a constant duration 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 not been separated for more than 12 months.
An application can still be made while the parties are living under the exact same roof or if one has supplied the other with some home services. It may be challenging to establish that separation has actually occurred in these situations 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 developed, you or your partner needs to regard Australia as your home, plan to live in Fountain Gate 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 circumstances where a couple has been married 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 correct arrangements have actually been made for 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 household, and under the age of 18.
As soon as a Divorce has been granted the Divorce becomes reliable one month and one day after the Order has been made.
Once a Divorce has taken effect, 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 given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Fountain Gate
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a kid’s life.
Prior to the beginning of any Court proceedings the parties are required to attend, get involved and make an authentic effort in solving any parenting issues at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no contract can be reached, even more negotiations can be organized with the help of solicitor, arbitrators and counsellors Fountain Gate.
If no contract 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 disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should concern the best interests of the kid as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are met by:
guaranteeing that the kids have the benefit of both of their parents having a significant involvement in their lives, to the optimum extent constant with the best interest of the kid; and
protecting the kids from physical and psychological harm and from going through, or exposed to, abuse, overlook or family violence; and
guaranteeing that children receive sufficient and correct parenting to help them accomplish their full potential; and
making sure that moms and dads satisfy their responsibilities, and meet their obligations, concerning the care, welfare and development of their kids.
There are other aspects that the Court might take into account in any particular situations.
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