Accredited Family Law & Separation Specialists In Mountain Gate
We know family law. Our Family Solicitors Mountain Gate have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific knowledge in divorce, child custody and property division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you get the best possible outcome. If you are aiming to engage the services of a few of the best family lawyers Mountain Gate has to offer, then look no more. When engaging one of our experts, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Mountain Gate, the Family Law Act 1975 developed 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 infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is generally 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 just available after a 12 month duration of separation. This 12 month separation period is to be a constant period and suggests 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 living under the exact same roof or if one has actually provided the other with some home services. It may be hard to establish that separation has happened in these situations and accordingly 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 spouse will have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to live in Mountain Gate indefinitely or otherwise have the ability to supply proof 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 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 have to think about that correct 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 family, and under the age of 18.
Once a Divorce has been approved the Divorce ends up being reliable one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this duration may be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Mountain Gate
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the beginning of any Court proceedings the parties are needed to participate in, get involved and make a genuine attempt in resolving any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more negotiations can be organized with the help of lawyer, arbitrators and counsellors Mountain Gate.
If no contract can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to regard the very best interests of the kid as the paramount consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the maximum 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, neglect or family violence; and
making sure that kids receive appropriate and correct parenting to help them accomplish their full potential; and
ensuring that moms and dads fulfil their responsibilities, and meet their obligations, concerning the care, well-being and development of their kids.
There are other factors that the Court might consider in any particular situations.
Why Choose Our Family Lawyers Mountain Gate VIC
We are passionate regarding providing a specialty Family Law service Mountain Gate that welcomes you, understands you and also shows you empathy in tough times. Discover why you can be guaranteed of our dedication to your legal requirements.