Accredited Family Law & Divorce Specialists In Creswick
We know family law. Our Family Lawyers Creswick have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular proficiency in divorce, child custody and residential or commercial property division.
We are dedicated 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 process so that you obtain the very best possible result. If you are planning to engage the services of some of the very best family solicitors Creswick has to offer, then look no further. When engaging one of our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Creswick, 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 irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is typically submitted 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 submit the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous 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 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 actually provided the other with some home services. It may be hard to develop that separation has occurred in these scenarios 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 spouse will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to live in Creswick forever or otherwise be able to provide evidence that you lived 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 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 have to consider that appropriate plans have actually been made for any child of the marital relationship, 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 household, and under the age of 18.
As soon as a Divorce has been approved the Divorce becomes effective one month and one day after the Order has been made.
As soon as a Divorce has worked, there is just a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Creswick
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the start of any Court procedures the parties are required to attend, participate and make a real effort in solving any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more settlements can be arranged with the help of lawyer, mediators and counsellors Creswick.
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 need verification that the parties have 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 kid as the vital factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the children have the advantage of both of their parents having a meaningful participation in their lives, to the optimum degree consistent with the best interest of the kid; and
securing the children from physical and mental damage and from undergoing, or exposed to, abuse, overlook or family violence; and
ensuring that children receive sufficient and correct parenting to assist them attain their full potential; and
ensuring that parents fulfil their duties, and satisfy their responsibilities, concerning the care, well-being and advancement of their kids.
There are other factors that the Court may take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Creswick VIC
We are passionate about providing a specialty Family Law service Creswick that welcomes you, understands you and also shows you empathy in challenging times. Figure out why you can be guaranteed of our commitment to your legal demands.