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Family Lawyers Mafeking VIC

Family Lawyers Mafeking VIC

Accredited Family Law & Separation Specialists In Mafeking

We understand family law. Our Family Solicitors Mafeking have represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandfathers, 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 specific know-how in divorce, child custody and home division.

We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you get the best possible result. If you are planning to engage the services of some of the very best family solicitors Mafeking has to offer, then look no further. When engaging among our specialists, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Mafeking, 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 adultery, 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 typically submitted 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 readily available after a 12 month duration of separation. This 12 month separation duration 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 scenarios 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 very same roof or if one has offered the other with some household services. It might be challenging to develop that separation has happened in these scenarios and accordingly the Court will need evidence in assistance of the application.

In addition to the requirements of a duration 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, intend to live in Mafeking forever or otherwise have the ability to offer evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has been wed for less than 2 years, the Court requires 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 appropriate arrangements have actually been produced 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 family, and under the age of 18.

Once 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 actually worked, there is only a 12 month period where to submit 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 Mafeking

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 needed to attend, participate and make a real effort in dealing with any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If an arrangement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, further settlements can be set up with the assistance of lawyer, arbitrators and counsellors Mafeking.

If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court needs to relate to the very best interests of the child as the critical consideration.

According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:

ensuring that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the maximum extent consistent with the very best interest of the child; and

safeguarding the kids from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and

making sure that children receive sufficient and appropriate parenting to help them achieve their full potential; and

making sure that moms and dads satisfy their tasks, and fulfill their duties, concerning the care, welfare and development of their children.

There are other factors that the Court may consider in any particular situations.

Why Choose Our Family Lawyers Mafeking VIC

We are passionate regarding providing a specialty Family Law service Mafeking that welcomes you, understands you and shows you empathy in challenging times. Learn why you can be guaranteed of our commitment to your legal requirements.

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