Accredited Family Law & Separation Specialists In Curlewis
We know family law. Our Family Solicitors Curlewis have actually represented hundreds of family law customers throughout the years and act for mums, dads, grandmothers, 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 particular know-how in divorce, child custody and property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully 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 best family solicitors Curlewis 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 marriage.
In Curlewis, 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 allegations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage 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 available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and means more than physical separation where there is no probability 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 very same roof or if one has actually supplied the other with some home services. It may be challenging to develop that separation has actually taken place in these situations and accordingly the Court will need proof in support 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 citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to reside in Curlewis forever or otherwise be able to offer evidence 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 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 consider that appropriate arrangements have actually been made for 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.
Once a Divorce has been granted the Divorce becomes efficient one month and one day after the Order has been made.
When a Divorce has taken effect, there is just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration may be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Curlewis
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the beginning of any Court procedures the parties are required to participate in, participate and make a real effort in resolving any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, further negotiations can be arranged with the support of solicitor, mediators and counsellors Curlewis.
If no contract can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must concern the best interests of the kid as the critical factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the children have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum level constant with the very best interest of the child; and
safeguarding the children from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
making sure that kids get adequate and correct parenting to assist them accomplish their full potential; and
ensuring that moms and dads fulfil their tasks, and fulfill their duties, concerning the care, well-being and advancement of their children.
There are other factors that the Court may take into consideration in any particular scenarios.
Why Choose Our Family Lawyers Curlewis VIC
We are passionate about providing a specialized Family Law service Curlewis that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be assured of our dedication to your legal requirements.