Accredited Family Law & Divorce Specialists In Corio
We know family law. Our Family Solicitors Corio have actually represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having specific know-how in divorce, child custody and residential or commercial property division.
We are committed 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 acquire the very best possible result. If you are looking to engage the services of a few of the very best family legal representatives Corio has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Corio, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment 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 marital relationship 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 duration of separation. This 12 month separation duration is to be a constant duration and implies 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 deal with 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 very same roof or if one has actually provided the other with some household services. It might be challenging to develop that separation has actually occurred in these situations and appropriately the Court will need evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to reside in Corio indefinitely or otherwise be able to provide evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In instances 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 need to think about that proper plans have actually been made for 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 family, and under the age of 18.
When a Divorce has been approved the Divorce becomes efficient one month and one day after the Order has actually been made.
As soon as a Divorce has actually worked, there is only a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Corio
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to attend, participate and make a genuine attempt in resolving any parenting problems at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more negotiations can be arranged with the help of solicitor, conciliators and counsellors Corio.
If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually 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 procedures.
In parenting matters, a Court should concern the very best interests of the kid as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the kids have the benefit of both of their parents having a significant involvement in their lives, to the optimum degree constant with the very best interest of the child; and
securing the children from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
ensuring that kids get adequate and proper parenting to help them attain their full potential; and
guaranteeing that parents satisfy their responsibilities, and meet their obligations, concerning the care, welfare and advancement of their kids.
There are other factors that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Corio VIC
We are passionate regarding providing a specialty Family Law service Corio that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be assured of our commitment to your legal requirements.