Accredited Family Law & Separation Specialists In Kyneton
We know family law. Our Family Lawyers Kyneton have represented hundreds of family law clients for many years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular proficiency in divorce, child custody and residential or commercial property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you get the very best possible outcome. If you are planning to engage the services of some of the very best family lawyers Kyneton has to offer, then look no further. When engaging among our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Kyneton, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept 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 available 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 possibility of reconciliation.
The application can be opposed in circumstances 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 living under the very same roof or if one has actually offered the other with some family services. It may be hard to establish that separation has occurred in these situations and appropriately 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 partner 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, plan to reside in Kyneton forever or otherwise have the ability to offer evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been wed 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 proper arrangements have actually been made for 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 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 actually been made.
When a Divorce has worked, there is just a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this period might be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Kyneton
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the start of any Court procedures the parties are required to go to, get involved and make a real effort in fixing any parenting problems at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more settlements can be arranged with the support of solicitor, conciliators and counsellors Kyneton.
If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should regard the very best interests of the child as the paramount consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the maximum degree consistent with the very best interest of the kid; and
protecting the kids from physical and mental harm and from going through, or exposed to, abuse, neglect or family violence; and
making sure that kids receive sufficient and proper parenting to assist them attain their complete potential; and
ensuring that parents fulfil their responsibilities, and fulfill their responsibilities, concerning the care, well-being and advancement of their kids.
There are other aspects that the Court may consider in any specific scenarios.
Why Choose Our Family Lawyers Kyneton VIC
We are passionate about giving a specialized Family Law service Kyneton that welcomes you, understands you and shows you empathy in hard times. Figure out why you can be guaranteed of our dedication to your legal requirements.