Accredited Family Law & Separation Specialists In Karramomus
We understand family law. Our Family Lawyers Karramomus have represented hundreds of family law clients for many years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having specific 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 expertly throughout the Court process so that you get the best possible outcome. If you are wanting to engage the services of some of the very best family legal representatives Karramomus has to offer, then look no further. When engaging among our experts, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Karramomus, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are unimportant. 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 files the application, or a joint application where both parties file the application together.
An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation period is to be a continuous period and means more than physical separation where there is no possibility 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 residing under the exact same roof or if one has actually provided the other with some family services. It may be challenging to establish that separation has occurred in these scenarios and appropriately the Court will require evidence 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 person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, plan to live in Karramomus indefinitely or otherwise be able to offer proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has 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 plans have actually been produced 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.
Once a Divorce has actually been approved the Divorce ends up being effective one month and one day after the Order has actually been made.
When a Divorce has actually taken effect, there is only a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this period might be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Karramomus
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are required to attend, get involved and make an authentic effort in resolving any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, further negotiations can be set up with the help of solicitor, arbitrators and counsellors Karramomus.
If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to regard 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 satisfied by:
guaranteeing that the children have the advantage of both of their moms and dads having a significant participation in their lives, to the maximum level constant with the very best interest of the child; and
protecting the kids from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get appropriate and correct parenting to assist them accomplish their complete potential; and
guaranteeing that moms and dads satisfy their duties, and fulfill their responsibilities, concerning the care, welfare and development of their kids.
There are other aspects that the Court might consider in any particular situations.
Why Choose Our Family Lawyers Karramomus VIC
We are passionate regarding providing a specialized Family Law service Karramomus that welcomes you, understands you and also shows you empathy in hard times. Discover why you can be assured of our dedication to your legal needs.