Accredited Family Law & Separation Specialists In Coongulla
We know family law. Our Family Solicitors Coongulla have actually represented numerous family law customers over the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having specific knowledge in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you get the very best possible outcome. If you are seeking to engage the services of a few of the very best family solicitors Coongulla has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Coongulla, 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 adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally 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 file the application together.
An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation period is to be a continuous duration and means more than physical separation where there is no likelihood 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 residing under the exact same roof or if one has supplied the other with some family services. It may be hard to establish that separation has actually occurred in these situations and accordingly 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 have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to reside in Coongulla indefinitely or otherwise be able to offer evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has been married for less than 2 years, the Court needs 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 have to consider that correct arrangements have actually been produced 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 family, and under the age of 18.
As soon as a Divorce has actually been approved the Divorce ends up being reliable one month and one day after the Order has actually been made.
As soon as a Divorce has actually worked, there is just 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 Coongulla
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court procedures the parties are needed to attend, take part and make an authentic effort in resolving any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be arranged with the help of solicitor, conciliators and counsellors Coongulla.
If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted 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 must relate to the very best interests of the child as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are met by:
ensuring that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum level constant with the very best interest of the child; and
safeguarding the kids from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive adequate and appropriate parenting to help them achieve their full potential; and
guaranteeing that moms and dads fulfil their responsibilities, and satisfy their duties, concerning the care, well-being and development of their children.
There are other elements that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Coongulla VIC
We are passionate about giving a specialty Family Law service Coongulla that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be guaranteed of our dedication to your legal needs.