Accredited Family Law & Divorce Specialists In Greta
We know family law. Our Family Solicitors Greta have represented hundreds of family law clients for many years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having particular know-how in divorce, child custody and property 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 procedure so that you obtain the very best possible outcome. If you are planning to engage the services of some of the very best family legal representatives Greta has to offer, then look no more. 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 marital relationship.
In Greta, 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 allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship 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 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 means more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations 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 exact same roof or if one has provided the other with some family services. It might be challenging to develop that separation has actually happened in these circumstances and accordingly 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 partner will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to live in Greta indefinitely or otherwise have the ability 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 actually been wed 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 have to think about that correct arrangements 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 dealt with as a member of that home, and under the age of 18.
Once a Divorce has actually been granted the Divorce becomes effective one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is only a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period might be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Greta
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the start of any Court proceedings the parties are required to attend, participate and make a real effort in solving any parenting problems at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further settlements can be set up with the assistance of solicitor, conciliators and counsellors Greta.
If no contract 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 disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must concern the best interests of the kid as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the children have the benefit of both of their parents having a meaningful involvement in their lives, to the optimum level consistent with the best interest of the child; and
protecting the children from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
making sure that kids get sufficient and proper parenting to help them achieve their full potential; and
making sure that parents fulfil their duties, and satisfy their obligations, concerning the care, welfare and development of their children.
There are other factors that the Court may take into consideration in any particular situations.
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