Accredited Family Law & Separation Specialists In Gre Gre
We know family law. Our Family Lawyers Gre Gre have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having particular know-how in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you get the best possible result. If you are planning to engage the services of a few of the very best family lawyers Gre Gre has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Gre Gre, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally submitted 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 submit the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation duration is to be a constant duration and implies more than physical separation where there is no possibility of reconciliation.
The application can be opposed in situations 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 same roof or if one has supplied the other with some home services. It may be difficult to establish that separation has actually occurred in these scenarios 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 developed, you or your partner has to regard Australia as your home, intend to reside in Gre Gre indefinitely or otherwise have the ability to supply proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances 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 appropriate 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 dealt with as a member of that family, and under the age of 18.
As soon as a Divorce has been granted the Divorce becomes effective one month and one day after the Order has been made.
Once a Divorce has taken effect, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period may be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Gre Gre
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 required to go to, take part and make a real attempt in fixing any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Permission Orders. If no contract can be reached, even more settlements can be organized with the support of lawyer, arbitrators and counsellors Gre Gre.
If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have actually attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must regard the best interests of the kid as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum degree constant with the very best interest of the kid; and
protecting the children from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and
ensuring that kids receive appropriate and proper parenting to assist them accomplish their full potential; and
ensuring that parents fulfil their tasks, and fulfill their duties, concerning the care, well-being and development of their children.
There are other elements that the Court may consider in any specific scenarios.
Why Choose Our Domestic Violence Lawyers Gre Gre VIC
We are passionate regarding giving a specialized domestic violence lawyer Gre Gre service that welcomes you, understands you and shows you empathy in challenging times. Learn why you can be guaranteed of our dedication to your legal demands.