Accredited Family Law & Separation Specialists In Daltons Bridge
We understand family law. Our Family Lawyers Daltons Bridge have represented numerous family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having specific expertise in divorce, child custody and property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible result. If you are wanting to engage the services of some of the very best family solicitors Daltons Bridge has to offer, then look no further. When engaging among our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Daltons Bridge, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests 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 broken down irretrievably.
Any application for Divorce is typically 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 file 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 continuous period and implies 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 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 offered the other with some family services. It may be tough to establish that separation has actually taken place in these situations and appropriately the Court will require proof in assistance 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 established, you or your spouse needs to regard Australia as your home, plan to live in Daltons Bridge indefinitely or otherwise have the ability to offer 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 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 need to think about that appropriate arrangements have 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 treated as a member of that home, and under the age of 18.
When a Divorce has actually been given the Divorce ends up being effective one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be given in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Daltons Bridge
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a child’s life.
Prior to the commencement of any Court procedures the parties are needed to participate in, participate and make a genuine effort in resolving any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, further negotiations can be set up with the assistance of lawyer, conciliators and counsellors Daltons Bridge.
If no arrangement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to concern the very best interests of the child as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the children have the advantage of both of their parents having a significant involvement in their lives, to the optimum level consistent with the very best interest of the child; and
securing the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that children get adequate and appropriate parenting to help them achieve their full potential; and
guaranteeing that parents satisfy their tasks, and fulfill their obligations, concerning the care, well-being and development of their children.
There are other elements that the Court may take into account in any particular scenarios.
Why Choose Our Family Lawyers Daltons Bridge VIC
We are passionate regarding providing a specialized Family Law service Daltons Bridge that welcomes you, understands you and shows you empathy in challenging times. Discover why you can be assured of our dedication to your legal requirements.