Accredited Family Law & Divorce Specialists In Cullen
We understand family law. Our Family Lawyers Cullen have represented numerous family law customers for many years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having specific proficiency in divorce, child custody and property division.
We are devoted 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 outcome. If you are seeking to engage the services of a few of the very best family lawyers Cullen has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Cullen, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates 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 broken down irretrievably.
Any application for Divorce is usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and suggests more than physical separation where there is no probability 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 not been separated for more than 12 months.
An application can still be made while the parties are living under the exact same roof or if one has actually provided the other with some family services. It may be difficult to develop that separation has actually occurred 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 spouse 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, mean to live in Cullen forever or otherwise have the ability to supply evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has been wed 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 need to think about that appropriate plans have 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 household, and under the age of 18.
As soon as a Divorce has actually been approved the Divorce becomes reliable one month and one day after the Order has actually been made.
Once a Divorce has actually worked, there is only a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration may be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Cullen
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the beginning of any Court proceedings the parties are required to attend, take part and make a genuine attempt in resolving any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be arranged with the help of lawyer, mediators and counsellors Cullen.
If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining 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 critical 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 kids have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum level constant with the very best interest of the child; and
securing the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids receive adequate and appropriate parenting to help them accomplish their complete potential; and
guaranteeing that parents fulfil their responsibilities, and meet their obligations, concerning the care, well-being and advancement of their kids.
There are other factors that the Court might consider in any particular situations.
Why Choose Our Family Lawyers Cullen VIC
We are passionate regarding providing a specialty Family Law service Cullen that welcomes you, understands you and shows you empathy in difficult times. Find out why you can be guaranteed of our commitment to your legal needs.