Accredited Family Law & Separation Specialists In Daisy Hill
We know family law. Our Family Lawyers Daisy Hill have represented hundreds of family law clients over the years and act for mums, dads, grandmas, grandpas, 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 specific expertise in divorce, child custody and property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you get the very best possible result. If you are seeking to engage the services of some of the best family lawyers Daisy Hill has to offer, then look no more. When engaging among our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Daisy Hill, 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 infidelity, violence or abandonment are unimportant. 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 marriage submits the application, or a joint application where both parties file the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and means more than physical separation where there is no possibility 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 living under the very same roof or if one has offered the other with some home services. It may be tough to develop that separation has occurred in these scenarios and accordingly 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 partner will have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to reside in Daisy Hill indefinitely or otherwise be able to supply evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been married for less than 2 years, the Court requires 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 need to consider that appropriate plans 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 household, and under the age of 18.
When a Divorce has been given the Divorce becomes efficient one month and one day after the Order has been made.
Once a Divorce has actually taken effect, there is just a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this duration may be given in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Daisy Hill
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court proceedings the parties are needed to go to, participate and make a real attempt in fixing any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more settlements can be organized with the help of lawyer, mediators and counsellors Daisy Hill.
If no arrangement 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 actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should concern the best interests of the child 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:
making sure that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum extent constant with the best interest of the child; and
securing the children from physical and psychological harm and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids receive sufficient and proper parenting to help them achieve their full potential; and
ensuring that parents satisfy their responsibilities, and fulfill their duties, concerning the care, well-being and development of their kids.
There are other factors that the Court might consider in any particular situations.
Why Choose Our Family Lawyers Daisy Hill VIC
We are passionate regarding providing a specialty Family Law service Daisy Hill that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be assured of our commitment to your legal needs.