Accredited Family Law & Divorce Specialists In Costerfield
We understand family law. Our Family Solicitors Costerfield have actually represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having particular know-how 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 expertly throughout the Court procedure so that you obtain the best possible result. If you are looking to engage the services of a few of the very best family solicitors Costerfield has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Costerfield, 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 desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is normally submitted 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 submit the application together.
An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation period is to be a continuous duration and suggests more than physical separation where there is no likelihood 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 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 provided the other with some family services. It might be hard to develop that separation has taken place in these circumstances and accordingly the Court will require evidence in assistance 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 citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to reside in Costerfield indefinitely or otherwise have the ability to provide proof that you resided 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 needs 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 correct plans 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 home, and under the age of 18.
Once a Divorce has been given 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 taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Costerfield
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a child’s life.
Prior to the commencement of any Court procedures the parties are needed to attend, get involved and make an authentic attempt in solving any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, even more settlements can be organized with the help of solicitor, conciliators and counsellors Costerfield.
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 receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should relate to the very best interests of the child as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum extent constant with the very best interest of the kid; and
securing the children from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
guaranteeing that children get sufficient and appropriate parenting to assist them achieve their full potential; and
ensuring that parents fulfil their responsibilities, and meet their duties, concerning the care, well-being and development of their children.
There are other aspects that the Court might consider in any specific situations.
Why Choose Our Family Lawyers Costerfield VIC
We are passionate about giving a specialized Family Law service Costerfield that welcomes you, understands you and shows you empathy in hard times. Find out why you can be guaranteed of our dedication to your legal needs.