Accredited Family Law & Separation Specialists In Gredgwin
We know family law. Our Family Solicitors Gredgwin have actually represented numerous family law clients over the years and act for mums, dads, 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 home division.
We are devoted 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 obtain the best possible result. If you are aiming to engage the services of a few of the very best family legal representatives Gredgwin has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Gredgwin, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept 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 marriage has actually 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 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 duration and indicates more than physical separation where there is no probability of reconciliation.
The application can be opposed in circumstances 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 actually offered the other with some family services. It might be difficult to establish that separation has happened in these circumstances and accordingly the Court will require proof 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 person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to reside in Gredgwin forever or otherwise have the ability to supply evidence that you resided in Australian for at least 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 have to consider that appropriate arrangements have been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, and under the age of 18.
As soon as a Divorce has actually been approved the Divorce becomes reliable one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period may be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Gredgwin
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 commencement of any Court proceedings the parties are required to participate in, participate and make an authentic effort in dealing with any parenting problems 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 contract can be formalised through an Application for Consent Orders. If no contract can be reached, further negotiations can be arranged with the help of lawyer, arbitrators and counsellors Gredgwin.
If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to relate to the best interests of the child as the critical factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the kids have the benefit of both of their parents having a significant involvement in their lives, to the maximum extent consistent with the best interest of the child; and
securing the children from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that kids receive sufficient and appropriate parenting to help them accomplish their complete potential; and
ensuring that parents satisfy their duties, and satisfy their obligations, concerning the care, welfare and development of their children.
There are other aspects that the Court might consider in any particular scenarios.
Why Choose Our Family Lawyers Gredgwin VIC
We are passionate about giving a specialized Family Law service Gredgwin 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 demands.