Accredited Family Law & Divorce Specialists In Cottles Bridge
We know family law. Our Family Lawyers Cottles Bridge have represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having particular competence in divorce, child custody and home division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you get the best possible outcome. If you are seeking to engage the services of some of the very best family lawyers Cottles Bridge has to offer, then look no further. When engaging among our experts, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Cottles Bridge, 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 desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually 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 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 duration is to be a constant period 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 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 residing under the same roof or if one has offered the other with some household services. It may be hard to develop that separation has happened in these situations and accordingly the Court will need proof in assistance of the application.
In addition to the requirements of a duration 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 has to regard Australia as your home, mean to reside in Cottles Bridge indefinitely or otherwise be able to offer proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually been married 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 have to think about that appropriate arrangements 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 dealt with as a member of that home, and under the age of 18.
Once a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has been made.
Once a Divorce has taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration might be given in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Cottles Bridge
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the commencement of any Court proceedings the parties are required to participate in, participate and make a genuine effort in fixing any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, further negotiations can be set up with the support of solicitor, arbitrators and counsellors Cottles Bridge.
If no contract can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to relate to the very best interests of the child as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum level consistent with the very best interest of the kid; and
securing the kids from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that children get sufficient and appropriate parenting to assist them achieve their full potential; and
making sure that moms and dads satisfy their tasks, and satisfy their responsibilities, concerning the care, well-being and advancement of their children.
There are other aspects that the Court might consider in any specific situations.
Why Choose Our Family Lawyers Cottles Bridge VIC
We are passionate regarding offering a specialized Family Law service Cottles Bridge that welcomes you, understands you and shows you empathy in tough times. Discover why you can be guaranteed of our dedication to your legal needs.