Accredited Family Law & Divorce Specialists In Nichols Point
We understand family law. Our Family Lawyers Nichols Point have actually represented numerous family law clients throughout the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having particular proficiency in divorce, child custody and residential or commercial property division.
We are dedicated 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 procedure so that you acquire the best possible result. If you are seeking to engage the services of a few of the very best family lawyers Nichols Point has to offer, then look no further. When engaging among our experts, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Nichols Point, 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 abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is typically 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 submit the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a constant period and means more than physical separation where there is no probability 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 same roof or if one has actually offered the other with some family services. It may be hard to establish that separation has actually taken place in these scenarios and accordingly the Court will require proof in assistance 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 person 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 Nichols Point indefinitely or otherwise be able to offer proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been married 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 consider that correct plans have been produced any child of the marriage, or a child from another relationship, or a child who has 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 actually worked, there is only a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Nichols Point
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the start of any Court proceedings the parties are needed to attend, participate and make a genuine effort in solving any parenting concerns at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no contract can be reached, further negotiations can be organized with the support of solicitor, mediators and counsellors Nichols Point.
If no arrangement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a disagreement 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 relate to the best interests of the kid as the critical 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 advantage of both of their moms and dads having a meaningful involvement in their lives, to the maximum level consistent with the best interest of the kid; and
protecting the children from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and
making sure that kids receive adequate and proper parenting to help them attain their complete potential; and
guaranteeing that parents satisfy their tasks, and fulfill their duties, concerning the care, well-being and advancement of their children.
There are other aspects that the Court may consider in any specific situations.
Why Choose Our Family Lawyers Nichols Point VIC
We are passionate regarding giving a specialty Family Law service Nichols Point that welcomes you, understands you and also shows you empathy in challenging times. Figure out why you can be assured of our commitment to your legal demands.