Accredited Family Law & Separation Specialists In Ceres
We know family law. Our Family Solicitors Ceres have represented numerous family law clients over the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having specific expertise in divorce, child custody and home division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you acquire the very best possible result. If you are aiming to engage the services of a few of the very best family lawyers Ceres has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Ceres, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. 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 files the application, or a joint application where both parties file 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 means 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 residing under the very same roof or if one has actually provided the other with some family services. It might be tough to develop that separation has occurred in these situations and accordingly 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 has to regard Australia as your home, mean to reside in Ceres indefinitely or otherwise be able to provide 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 wed for less than 2 years, the Court requires 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 appropriate plans have been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that home, and under the age of 18.
When a Divorce has actually been approved the Divorce becomes reliable one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is just a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this period might be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Ceres
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 beginning of any Court procedures the parties are needed to go to, get involved and make an authentic effort in dealing with any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no contract can be reached, even more settlements can be organized with the support of lawyer, arbitrators and counsellors Ceres.
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 tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court must regard the very best interests of the kid as the vital factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum degree constant with the best interest of the kid; and
safeguarding the kids from physical and mental damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that kids receive appropriate and correct parenting to assist them achieve their complete potential; and
making sure that parents satisfy their tasks, and meet their obligations, concerning the care, well-being and advancement of their children.
There are other elements that the Court might take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Ceres VIC
We are passionate about providing a specialized Family Law service Ceres that welcomes you, understands you and also shows you empathy in hard times. Find out why you can be assured of our commitment to your legal demands.