Accredited Family Law & Divorce Specialists In Darling South
We understand family law. Our Family Solicitors Darling South have represented numerous family law customers for many years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having specific competence in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible result. If you are planning to engage the services of some of the best family solicitors Darling South has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Darling South, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is only 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 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 living under the same roof or if one has provided the other with some family services. It might be tough to establish that separation has taken place in these scenarios 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 partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to reside in Darling South forever or otherwise have the ability to provide 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 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 have to think about that appropriate arrangements have been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that household, and under the age of 18.
Once a Divorce has been approved the Divorce becomes effective one month and one day after the Order has actually been made.
When a Divorce has worked, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period might be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Darling South
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the start of any Court procedures the parties are needed to attend, participate and make a genuine attempt in solving any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Approval Orders. If no contract can be reached, further settlements can be organized with the support of solicitor, mediators and counsellors Darling South.
If no contract can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to relate to the best interests of the kid as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the children have the advantage of both of their parents having a meaningful participation in their lives, to the optimum degree consistent with the very best interest of the kid; and
securing the kids from physical and mental damage and from undergoing, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids get adequate and proper parenting to assist them attain their complete potential; and
making sure that parents satisfy their tasks, and fulfill their duties, concerning the care, welfare and development of their kids.
There are other elements that the Court might consider in any specific circumstances.
Why Choose Our Family Lawyers Darling South VIC
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