Accredited Family Law & Separation Specialists In Carrajung
We know family law. Our Family Lawyers Carrajung have represented hundreds of family law customers throughout the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having specific competence in divorce, child custody and property division.
We are committed 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 get the best possible outcome. If you are planning to engage the services of some of the best family solicitors Carrajung has to offer, then look no more. When engaging among our experts, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Carrajung, the Family Law Act 1975 developed 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 infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is typically submitted 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 submit the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and indicates 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 same roof or if one has actually provided the other with some family services. It might be hard to establish that separation has happened in these situations and appropriately 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 spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to reside in Carrajung forever or otherwise be able to offer evidence that you resided in Australian for at least 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 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 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 home, and under the age of 18.
When a Divorce has been granted the Divorce ends up being efficient one month and one day after the Order has been made.
Once a Divorce has actually taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this period might be given in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Carrajung
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a kid’s life.
Prior to the commencement of any Court procedures the parties are needed to go to, participate and make a genuine effort in fixing any parenting concerns at a family dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, further negotiations can be set up with the assistance of solicitor, arbitrators and counsellors Carrajung.
If no arrangement can be reached outside of 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 tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to regard 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 satisfied by:
making sure that the children have the benefit of both of their parents having a significant involvement in their lives, to the optimum extent constant with the very best interest of the kid; and
securing the children from physical and mental harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that children receive adequate and correct parenting to assist them attain their full potential; and
making sure that moms and dads satisfy their responsibilities, and fulfill their responsibilities, concerning the care, well-being and advancement of their children.
There are other factors that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Carrajung VIC
We are passionate regarding offering a specialty Family Law service Carrajung that welcomes you, understands you as well as shows you empathy in difficult times. Figure out why you can be assured of our dedication to your legal requirements.