Accredited Family Law & Divorce Specialists In Mansfield
We understand family law. Our Family Lawyers Mansfield have represented numerous 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 competence in divorce, child custody and property division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you acquire the best possible result. If you are looking to engage the services of a few of the best family legal representatives Mansfield has to offer, then look no further. When engaging among our professionals, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Mansfield, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle 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 irrelevant. The only ground for Divorce is that the marriage has 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 submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation period is to be a continuous duration and indicates more than physical separation where there is no likelihood 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 same roof or if one has offered the other with some family services. It may be hard to develop that separation has happened in these situations 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to live in Mansfield indefinitely or otherwise have the ability to provide evidence that you lived in Australian for at least 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 think about that proper arrangements have been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that home, and under the age of 18.
Once a Divorce has been granted the Divorce ends up being reliable one month and one day after the Order has been made.
Once a Divorce has taken effect, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration might be approved in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Mansfield
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 beginning of any Court proceedings the parties are needed to participate in, participate and make a genuine effort in solving any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more settlements can be arranged with the support of lawyer, arbitrators and counsellors Mansfield.
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 require verification that the parties have tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court should concern the best interests of the kid as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the children have the benefit of both of their parents having a meaningful involvement in their lives, to the optimum degree constant 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
ensuring that kids get adequate and correct parenting to assist them accomplish their complete potential; and
ensuring that moms and dads satisfy their tasks, and satisfy their responsibilities, concerning the care, welfare and development of their kids.
There are other factors that the Court may consider in any specific situations.
Why Choose Our Family Lawyers Mansfield VIC
We are passionate about giving a specialty Family Law service Mansfield that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be assured of our dedication to your legal requirements.