Accredited Family Law & Divorce Specialists In Grassdale
We know family law. Our Family Solicitors Grassdale have represented hundreds of family law customers for many years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific proficiency in divorce, child custody and property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you get the very best possible result. If you are aiming to engage the services of a few of the very best family lawyers Grassdale has to offer, then look no further. When engaging among our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Grassdale, 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 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 marriage 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 period 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 very same roof or if one has actually provided the other with some family services. It may be hard to establish that separation has actually taken place in these scenarios and appropriately the Court will need evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to reside in Grassdale forever or otherwise be able to supply 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 go to 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 made for any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that household, and under the age of 18.
When a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has been made.
As soon as a Divorce has worked, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. 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 Grassdale
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court procedures the parties are required to attend, participate and make a real attempt in resolving any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, further negotiations can be set up with the help of lawyer, arbitrators and counsellors Grassdale.
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 need confirmation that the parties have actually tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to regard the best interests of the kid as the vital factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled 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 consistent with the best interest of the kid; and
protecting the kids from physical and mental harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get sufficient and appropriate parenting to assist them achieve their full potential; and
guaranteeing that parents fulfil their duties, and fulfill their duties, concerning the care, welfare and development of their children.
There are other elements that the Court might take into consideration in any particular scenarios.
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