Accredited Family Law & Separation Specialists In Mongans Bridge
We understand family law. Our Family Solicitors Mongans Bridge have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled 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 devoted to assisting you settle your matter as rapidly 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 looking to engage the services of some of the best family legal representatives Mongans Bridge has to offer, then look no more. When engaging among our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Mongans Bridge, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means 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 generally 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 just available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and suggests 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 not been separated for more than 12 months.
An application can still be made while the parties are living under the exact same roof or if one has actually offered the other with some family services. It might be hard to establish that separation has actually happened in these scenarios and appropriately the Court will need proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, mean to live in Mongans Bridge forever or otherwise have the ability to supply proof 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 married for less than 2 years, the Court requires the parties to participate in 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 think about that appropriate plans have actually 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 dealt with as a member of that household, and under the age of 18.
As soon as a Divorce has been granted the Divorce ends up being reliable one month and one day after the Order has actually been made.
Once a Divorce has worked, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period might be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Mongans Bridge
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a kid’s life.
Prior to the start of any Court procedures the parties are needed to participate in, get involved and make an authentic attempt in solving any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, further negotiations can be set up with the help of solicitor, conciliators and counsellors Mongans Bridge.
If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should regard the best interests of the child as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the children have the advantage of both of their moms and dads having a significant involvement in their lives, to the optimum extent consistent with the best interest of the child; and
protecting the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
ensuring that children receive adequate and appropriate parenting to assist them achieve their complete potential; and
ensuring that moms and dads fulfil their duties, and satisfy their obligations, concerning the care, well-being and advancement of their children.
There are other elements that the Court may take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Mongans Bridge VIC
We are passionate regarding offering a specialized Family Law service Mongans Bridge that welcomes you, understands you and also shows you empathy in tough times. Discover why you can be assured of our commitment to your legal demands.