Accredited Family Law & Divorce Specialists In Athlone
We understand family law. Our Family Lawyers Athlone have represented numerous family law customers over the years and act for mums, dads, grandmothers, grandpas, 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 knowledge in divorce, child custody and residential or commercial 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 skillfully throughout the Court procedure so that you obtain the best possible result. If you are wanting to engage the services of some of the best family lawyers Athlone 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 marriage.
In Athlone, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates 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 actually 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 files the application, or a joint application where both parties file the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation duration is to be a constant duration and implies 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 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 same roof or if one has supplied the other with some household services. It might be tough to establish that separation has actually occurred in these circumstances and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to live in Athlone indefinitely or otherwise have the ability to supply 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 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 proper arrangements have 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 treated as a member of that home, and under the age of 18.
Once a Divorce has actually been approved the Divorce becomes reliable one month and one day after the Order has been made.
When a Divorce has worked, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Athlone
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the beginning of any Court procedures the parties are needed to go to, take part and make a genuine effort in resolving any parenting concerns at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Approval Orders. If no contract can be reached, even more settlements can be set up with the help of solicitor, mediators and counsellors Athlone.
If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to regard the very best interests of the child as the vital consideration.
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 benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum extent consistent with the best interest of the kid; and
safeguarding the children from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids get adequate and correct parenting to assist them accomplish their complete potential; and
making sure that moms and dads fulfil their duties, and fulfill their duties, concerning the care, welfare and advancement of their children.
There are other elements that the Court may consider in any particular situations.
Why Choose Our Family Lawyers Athlone VIC
We are passionate regarding giving a specialized Family Law service Athlone that welcomes you, understands you and shows you empathy in difficult times. Figure out why you can be guaranteed of our dedication to your legal demands.