Accredited Family Law & Separation Specialists In Geelong North
We understand family law. Our Family Solicitors Geelong North have actually represented hundreds of family law customers over the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having particular competence in divorce, child custody and home division.
We are devoted to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you acquire the very best possible result. If you are seeking to engage the services of a few of the very best family solicitors Geelong North has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Geelong North, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means 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 actually 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 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 constant duration and implies more than physical separation where there is no probability of reconciliation.
The application can be opposed in scenarios 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 exact same roof or if one has actually offered the other with some household services. It may be hard to develop that separation has actually happened in these situations and accordingly the Court will need proof in support of the application.
In addition to the requirements of a period 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 spouse has to regard Australia as your home, intend to live in Geelong North indefinitely or otherwise have the ability 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 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 have to consider that correct arrangements have 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 home, 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 actually been made.
When a Divorce has actually worked, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration may be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Geelong North
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to go to, participate and make an authentic attempt in resolving any parenting concerns at a family dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be arranged with the help of solicitor, arbitrators and counsellors Geelong 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 verification that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to concern the best interests of the kid as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the kids have the advantage of both of their parents having a significant involvement in their lives, to the optimum degree constant with the very best interest of the child; and
securing the children from physical and mental damage and from undergoing, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids receive adequate and appropriate parenting to assist them attain their full potential; and
ensuring that parents fulfil their duties, and satisfy their duties, concerning the care, well-being and development of their children.
There are other elements that the Court may take into account in any specific situations.
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