Accredited Family Law & Divorce Specialists In Clear Lake
We understand family law. Our Family Solicitors Clear Lake have represented hundreds of family law clients over the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having particular proficiency in divorce, child custody and property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you acquire the best possible outcome. If you are planning to engage the services of a few of the very best family solicitors Clear Lake has to offer, then look no further. When engaging among our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Clear Lake, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are irrelevant. 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 marital relationship submits the application, or a joint application where both parties file the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation duration is to be a constant period and suggests 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 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 offered the other with some home services. It might be difficult to develop that separation has occurred in these circumstances and appropriately the Court will require 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 need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, mean to reside in Clear Lake forever or otherwise be able to provide proof that you resided 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 needs the parties to participate in 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 proper plans have been made for any child of the marital relationship, 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 granted the Divorce ends up being reliable one month and one day after the Order has actually been made.
When a Divorce has taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period may be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Clear Lake
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 child’s life.
Prior to the beginning of any Court proceedings the parties are required to attend, get involved and make an authentic attempt in dealing with any parenting problems at a family conflict 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 Approval Orders. If no arrangement can be reached, even more settlements can be set up with the support of solicitor, mediators and counsellors Clear Lake.
If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to concern the best interests of the kid as the vital consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the children have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum degree constant with the best interest of the child; and
protecting the children from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that kids get adequate and appropriate parenting to assist them accomplish their complete potential; and
making sure that parents satisfy their duties, and meet their obligations, concerning the care, well-being and advancement of their kids.
There are other factors that the Court may take into consideration in any particular situations.
Why Choose Our Family Lawyers Clear Lake VIC
We are passionate about offering a specialized Family Law service Clear Lake that welcomes you, understands you and also shows you empathy in hard times. Find out why you can be assured of our dedication to your legal needs.