Accredited Family Law & Separation Specialists In Ballan
We know family law. Our Family Lawyers Ballan have represented numerous family law customers for many years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having particular proficiency 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 skillfully throughout the Court process so that you obtain the best possible outcome. If you are planning to engage the services of a few of the best family solicitors Ballan has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Ballan, the Family Law Act 1975 established 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 allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage 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 marital relationship submits the application, or a joint application where both parties file the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation period is to be a constant duration and suggests more than physical separation where there is no probability of reconciliation.
The application can be opposed in situations where the Court does not have jurisdiction to handle 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 same roof or if one has supplied the other with some family services. It may be hard to establish that separation has occurred in these situations and appropriately the Court will need evidence 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 partner has to regard Australia as your home, mean to reside in Ballan forever or otherwise be able to supply evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually been wed for less than 2 years, the Court requires 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 need to consider that correct 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 home, and under the age of 18.
As soon as a Divorce has been approved the Divorce ends up being effective one month and one day after the Order has actually been made.
When a Divorce has actually taken effect, there is just a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this period might be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Ballan
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the beginning of any Court procedures the parties are required to attend, get involved and make an authentic attempt in fixing any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, further settlements can be organized with the support of solicitor, mediators and counsellors Ballan.
If no agreement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must relate to the best interests of the kid as the vital consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum extent constant with the best interest of the kid; and
securing the kids from physical and mental harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get appropriate and proper parenting to assist them attain their full potential; and
ensuring that parents satisfy their duties, and meet their responsibilities, concerning the care, welfare and development of their children.
There are other factors that the Court may consider in any particular circumstances.
Why Choose Our Family Lawyers Ballan VIC
We are passionate regarding offering a specialized Family Law service Ballan that welcomes you, understands you as well as shows you empathy in challenging times. Learn why you can be assured of our commitment to your legal demands.