Accredited Family Law & Divorce Specialists In Barongarook
We know family law. Our Family Lawyers Barongarook have represented numerous family law clients for many years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having particular know-how in divorce, child custody and residential or commercial property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you get the best possible result. If you are looking to engage the services of some of the best family solicitors Barongarook has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Barongarook, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are irrelevant. 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 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 indicates 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 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 residing under the exact same roof or if one has supplied the other with some family services. It may be tough to develop that separation has happened in these scenarios and accordingly the Court will need evidence 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 resident by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to live in Barongarook forever or otherwise have the ability to provide proof 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 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 consider that correct plans have actually 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 approved the Divorce becomes efficient one month and one day after the Order has actually been made.
When a Divorce has worked, there is only a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this period might be granted in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Barongarook
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 commencement of any Court proceedings the parties are required to attend, get involved and make a real attempt in fixing any parenting problems at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more settlements can be organized with the help of lawyer, conciliators and counsellors Barongarook.
If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must regard the very best interests of the child as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the maximum level constant with the best interest of the kid; and
securing the kids from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and
making sure that kids get appropriate and correct parenting to help them attain their full potential; and
making sure that moms and dads fulfil their tasks, and fulfill their duties, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court might take into account in any particular situations.
Why Choose Our Family Lawyers Barongarook VIC
We are passionate about giving a specialized Family Law service Barongarook that welcomes you, understands you and also shows you empathy in hard times. Find out why you can be guaranteed of our dedication to your legal requirements.