Accredited Family Law & Divorce Specialists In Boolite
We understand family law. Our Family Solicitors Boolite have actually represented numerous family law customers over the years and act for mums, fathers, grandmas, grandpas, 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 home division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you acquire the very best possible outcome. If you are planning to engage the services of a few of the very best family lawyers Boolite has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Boolite, the Family Law Act 1975 established 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 infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage 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 marital relationship 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 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 residing under the very same roof or if one has actually offered the other with some family services. It might be hard to develop that separation has happened in these scenarios and appropriately the Court will require evidence 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, mean to live in Boolite indefinitely or otherwise be able to provide proof that you resided in Australian for at least 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 need to consider that correct 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 dealt with as a member of that household, and under the age of 18.
Once a Divorce has been approved the Divorce becomes reliable one month and one day after the Order has actually been made.
As soon as a Divorce has actually worked, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period might be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Boolite
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 start of any Court procedures the parties are required to attend, take part and make a real effort in fixing any parenting concerns at a household dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more settlements can be arranged with the support of lawyer, mediators and counsellors Boolite.
If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to concern the very best interests of the kid as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
making sure that the kids have the advantage of both of their moms and dads having a meaningful participation in their lives, to the optimum degree consistent with the best interest of the kid; and
safeguarding the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that children get adequate and proper parenting to assist them achieve their complete potential; and
making sure that parents fulfil their tasks, and meet their duties, concerning the care, welfare and development of their children.
There are other aspects that the Court might consider in any specific circumstances.
Why Choose Our Family Lawyers Boolite VIC
We are passionate regarding providing a specialty Family Law service Boolite that welcomes you, understands you as well as shows you empathy in hard times. Find out why you can be assured of our dedication to your legal demands.