Accredited Family Law & Divorce Specialists In Granite Rock
We know family law. Our Family Lawyers Granite Rock have represented numerous family law clients over the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects 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 rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you obtain the very best possible result. If you are planning to engage the services of some of the very best family lawyers Granite Rock has to offer, then look no further. When engaging among our experts, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Granite Rock, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle 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 usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation period is to be a constant duration and means 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 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 very same roof or if one has actually offered the other with some household services. It might be tough to establish that separation has happened in these situations and appropriately the Court will require evidence in assistance 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 person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to live in Granite Rock forever or otherwise have the ability to offer 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 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 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 household, and under the age of 18.
When a Divorce has actually been approved the Divorce ends up being efficient one month and one day after the Order has been made.
Once a Divorce has actually worked, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration may be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Granite Rock
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the beginning of any Court procedures the parties are needed to go to, take part and make a genuine effort in fixing any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be set up with the assistance of lawyer, mediators and counsellors Granite Rock.
If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require 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 commencement of Court proceedings.
In parenting matters, a Court should regard the best interests of the child as the critical factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum extent constant with the very best interest of the child; and
securing the kids from physical and psychological harm and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that children get adequate and appropriate parenting to help them achieve their full potential; and
guaranteeing that parents fulfil their duties, and satisfy their obligations, concerning the care, welfare and development of their kids.
There are other aspects that the Court might consider in any particular scenarios.
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