Accredited Family Law & Separation Specialists In Gowanbrae
We understand family law. Our Family Lawyers Gowanbrae have represented hundreds of family law clients for many years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having specific competence 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 expertly throughout the Court process so that you acquire the best possible outcome. If you are aiming to engage the services of some of the very best family lawyers Gowanbrae has to offer, then look no more. When engaging among our specialists, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Gowanbrae, 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 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 submitted 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 only offered after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and implies 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 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 living under the same roof or if one has actually provided the other with some family services. It may be difficult to develop that separation has actually occurred in these scenarios and accordingly the Court will need proof in support of the application.
In addition to the requirements of a duration 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 established, you or your partner needs to regard Australia as your home, intend to live in Gowanbrae forever or otherwise be able to offer proof that you resided 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 needs the parties to participate in 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 think about that proper plans have actually been made for 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 household, and under the age of 18.
Once a Divorce has been given the Divorce ends up being reliable one month and one day after the Order has been made.
Once a Divorce has worked, there is just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration might be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Gowanbrae
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the start of any Court procedures the parties are required to participate in, participate and make a genuine attempt in resolving any parenting problems at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more negotiations can be set up with the support of solicitor, arbitrators and counsellors Gowanbrae.
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 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 beginning of Court proceedings.
In parenting matters, a Court must relate to the very best interests of the kid as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the kids have the advantage of both of their parents having a meaningful participation in their lives, to the maximum level constant with the best interest of the kid; and
safeguarding the kids from physical and psychological harm and from undergoing, or exposed to, abuse, neglect or family violence; and
making sure that children receive adequate and correct parenting to help them achieve their full potential; and
making sure that moms and dads fulfil their duties, and meet their responsibilities, concerning the care, well-being and advancement of their children.
There are other factors that the Court may take into consideration in any specific situations.
Why Choose Our Family Lawyers Gowanbrae VIC
We are passionate about providing a specialized Family Law service Gowanbrae that welcomes you, understands you as well as shows you empathy in difficult times. Discover why you can be guaranteed of our commitment to your legal demands.