Accredited Family Law & Divorce Specialists In Granya
We know family law. Our Family Lawyers Granya have represented hundreds of family law customers for many years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having specific know-how in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you get the best possible result. If you are looking to engage the services of some of the very best family lawyers Granya has to offer, then look no more. When engaging one of our experts, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Granya, the Family Law Act 1975 developed 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 desertion are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally 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 readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period 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 residing under the exact same roof or if one has supplied the other with some household services. It might be challenging to develop that separation has actually occurred in these circumstances and appropriately the Court will need proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will have to be an Australia citizen 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 Granya forever or otherwise be able to provide evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been married for less than 2 years, the Court needs 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 think about that appropriate plans have actually been produced any child of the marital relationship, 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.
When a Divorce has been given 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 only a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this duration may be granted in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Granya
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 procedures the parties are needed to participate in, get involved and make a genuine attempt in fixing any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to 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, conciliators and counsellors Granya.
If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have actually 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 needs to regard the very best interests of the child as the paramount consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the maximum extent constant with the very best interest of the child; and
securing the kids from physical and mental damage and from going through, or exposed to, abuse, overlook or family violence; and
making sure that children receive appropriate and proper parenting to assist them achieve their full potential; and
guaranteeing that moms and dads satisfy their tasks, and meet their obligations, concerning the care, well-being and advancement of their kids.
There are other factors that the Court might take into consideration in any specific circumstances.
Why Choose Our Domestic Violence Lawyers Granya VIC
We are passionate regarding giving a specialized domestic violence lawyer Granya service that welcomes you, understands you and shows you empathy in hard times. Learn why you can be assured of our commitment to your legal requirements.