Accredited Family Law & Divorce Specialists In Clarkes Hill
We understand family law. Our Family Lawyers Clarkes Hill have actually represented numerous family law customers for many years and act for mums, dads, grandmas, grandfathers, 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 specific know-how 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 achievable, then we will represent you expertly throughout the Court procedure so that you acquire the very best possible result. If you are seeking to engage the services of some of the very best family lawyers Clarkes Hill 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 marriage.
In Clarkes Hill, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is usually 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 file the application together.
An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation duration is to be a constant duration and suggests more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in circumstances 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 exact same roof or if one has provided the other with some family services. It might be hard to develop that separation has happened in these scenarios and appropriately the Court will require evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, plan to reside in Clarkes Hill indefinitely or otherwise have the ability to offer 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 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 think about that correct plans have been produced any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that household, and under the age of 18.
When a Divorce has been approved the Divorce becomes effective one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this duration might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Clarkes Hill
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the start of any Court procedures the parties are needed to go to, take part and make a genuine effort in resolving any parenting problems at a household dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more settlements can be organized with the help of solicitor, mediators and counsellors Clarkes Hill.
If no agreement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should regard the very best interests of the child as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the kids have the advantage of both of their parents having a significant involvement in their lives, to the optimum degree constant with the very best interest of the kid; and
securing the children from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that children get sufficient and correct parenting to assist them accomplish their full potential; and
making sure that parents fulfil their tasks, and meet their responsibilities, concerning the care, welfare and development of their children.
There are other factors that the Court might take into consideration in any particular situations.
Why Choose Our Family Lawyers Clarkes Hill VIC
We are passionate about offering a specialized Family Law service Clarkes Hill that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be guaranteed of our dedication to your legal requirements.