Accredited Family Law & Separation Specialists In Grampians
We know family law. Our Family Lawyers Grampians have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having particular knowledge in divorce, child custody and home division.
We are dedicated to helping 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 acquire the very best possible result. If you are planning to engage the services of a few of the very best family lawyers Grampians has to offer, then look no further. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Grampians, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means 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 marital relationship has actually 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 only available after a 12 month period of separation. This 12 month separation duration is to be a constant 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 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 may be challenging to establish that separation has taken place in these circumstances and accordingly the Court will need evidence in support 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 person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, mean to live in Grampians forever or otherwise have the ability to supply 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 wed 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 need 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 dealt with as a member of that household, and under the age of 18.
When a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has actually worked, there is only a 12 month duration where to file an application for property/financial and spousal upkeep. 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 Grampians
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a kid’s life.
Prior to the start of any Court proceedings the parties are needed to attend, take part and make a genuine attempt in resolving any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more negotiations can be set up with the assistance of lawyer, conciliators and counsellors Grampians.
If no contract can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must relate to the very best interests of the child as the vital consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are met by:
guaranteeing that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum extent consistent with the best interest of the child; and
securing the children from physical and psychological damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that kids receive adequate and correct parenting to assist them attain their full potential; and
making sure that moms and dads satisfy their tasks, and fulfill their obligations, concerning the care, welfare and development of their children.
There are other aspects that the Court may take into account in any particular scenarios.
Why Choose Our Family Lawyers Grampians VIC
We are passionate regarding providing a specialty Family Law service Grampians that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be guaranteed of our dedication to your legal demands.