Accredited Family Law & Divorce Specialists In Myrtleford
We understand family law. Our Family Solicitors Myrtleford have actually represented hundreds of family law clients for many years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having particular competence in divorce, child custody and home division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you obtain the very best possible result. If you are looking to engage the services of a few of the very best family solicitors Myrtleford has to offer, then look no further. When engaging among our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Myrtleford, 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 abandonment are irrelevant. The only ground for Divorce is that the marriage has actually 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 readily available after a 12 month period of separation. This 12 month separation period is to be a continuous duration 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 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 provided the other with some household services. It might be tough to develop that separation has actually occurred 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 person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, plan to reside in Myrtleford forever or otherwise be able to provide evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has been married for less than 2 years, the Court requires the parties to go to 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 correct arrangements have been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that home, and under the age of 18.
When a Divorce has actually been granted the Divorce becomes effective one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Myrtleford
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are required to go to, participate and make a real attempt in fixing any parenting problems at a family conflict 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 agreement can be reached, further settlements can be organized with the support of solicitor, conciliators and counsellors Myrtleford.
If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation 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 beginning of Court proceedings.
In parenting matters, a Court must relate to the best interests of the child as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the kids have the benefit of both of their parents having a significant involvement in their lives, to the optimum degree constant with the very best interest of the kid; and
safeguarding the children from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids receive sufficient and appropriate parenting to help them achieve their complete potential; and
making sure that parents fulfil their tasks, and meet their obligations, concerning the care, welfare and development of their kids.
There are other aspects that the Court may take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Myrtleford VIC
We are passionate regarding providing a specialized Family Law service Myrtleford that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be assured of our commitment to your legal needs.