Accredited Family Law & Separation Specialists In Ashburton
We understand family law. Our Family Lawyers Ashburton have represented numerous family law customers over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having particular competence in divorce, child custody and property division.
We are dedicated 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 procedure so that you obtain the very best possible result. If you are wanting to engage the services of some of the best family legal representatives Ashburton has to offer, then look no more. When engaging one of our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Ashburton, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle implies 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 files the application, or a joint application where both parties file 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 duration and means more than physical separation where there is no possibility 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 actually 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 offered the other with some family services. It may be tough to establish that separation has happened in these scenarios and accordingly the Court will require proof in support of the application.
In addition to the requirements of a period 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 partner has to regard Australia as your home, intend to live in Ashburton indefinitely or otherwise be able to offer evidence that you lived in Australian for at least 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 think about that proper plans have actually 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 treated as a member of that household, and under the age of 18.
As soon as a Divorce has been granted the Divorce becomes efficient one month and one day after the Order has actually been made.
As soon as a Divorce has actually taken effect, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration may be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Ashburton
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 proceedings the parties are needed to participate in, participate and make an authentic effort in solving any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be set up with the support of solicitor, conciliators and counsellors Ashburton.
If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have attempted a conflict 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 regard the very best interests of the child as the vital consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum extent consistent with the best interest of the kid; and
securing the children from physical and psychological damage and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get sufficient and appropriate parenting to help them attain their full potential; and
making sure that moms and dads fulfil their responsibilities, and fulfill their duties, concerning the care, well-being and advancement of their children.
There are other factors that the Court might consider in any specific circumstances.
Why Choose Our Family Lawyers Ashburton VIC
We are passionate about providing a specialized Family Law service Ashburton that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal demands.