Accredited Family Law & Separation Specialists In Cross Roads
We understand family law. Our Family Lawyers Cross Roads have actually represented numerous family law customers throughout 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 elements 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 possible, then we will represent you expertly throughout the Court process so that you acquire the best possible outcome. If you are seeking to engage the services of a few of the best family legal representatives Cross Roads has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Cross Roads, the Family Law Act 1975 established 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 accusations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has 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 just readily available after a 12 month duration of separation. This 12 month separation period is to be a constant period and means more than physical separation where there is no probability of reconciliation.
The application can be opposed in circumstances 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 residing under the exact same roof or if one has offered the other with some home services. It might be hard to establish that separation has occurred in these circumstances and appropriately the Court will require proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to live in Cross Roads forever or otherwise be able to provide evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been wed 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 need to consider that appropriate 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 dealt with as a member of that family, 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.
As soon as a Divorce has taken effect, there is only a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period might be given in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Cross Roads
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 procedures the parties are required to attend, get involved and make an authentic attempt in solving any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more settlements can be organized with the assistance of lawyer, mediators and counsellors Cross Roads.
If no agreement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to relate to the best interests of the kid as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the children have the advantage of both of their parents having a significant participation in their lives, to the maximum degree constant with the very best interest of the child; and
protecting the kids from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that kids receive sufficient and proper parenting to assist them attain their full potential; and
making sure that moms and dads fulfil their tasks, and meet their obligations, concerning the care, well-being and advancement of their children.
There are other elements that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Cross Roads VIC
We are passionate regarding giving a specialty Family Law service Cross Roads that welcomes you, understands you and also shows you empathy in difficult times. Discover why you can be guaranteed of our commitment to your legal needs.