Accredited Family Law & Separation Specialists In The Sisters
We understand family law. Our Family Solicitors The Sisters have actually represented hundreds of family law customers over the years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having specific competence in divorce, child custody and residential or commercial property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible outcome. If you are planning to engage the services of some of the very best family legal representatives The Sisters has to offer, then look no more. When engaging one of our experts, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In The Sisters, 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 normally submitted 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 period of separation. This 12 month separation period is to be a constant period and implies 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 handle 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 same roof or if one has provided the other with some family services. It may be challenging to establish that separation has happened in these scenarios and appropriately 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 partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to live in The Sisters indefinitely or otherwise have the ability to offer proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances 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 appropriate arrangements have been produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that family, and under the age of 18.
When a Divorce has actually been approved the Divorce ends up being reliable one month and one day after the Order has actually been made.
As soon as a Divorce has actually worked, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period may be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders The Sisters
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 commencement of any Court proceedings the parties are needed to go to, participate and make a genuine effort in fixing any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more negotiations can be arranged with the help of solicitor, mediators and counsellors The Sisters.
If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must concern the very best interests of the kid as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the children have the advantage of both of their parents having a significant involvement in their lives, to the optimum extent consistent with the best interest of the kid; and
protecting the kids from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
ensuring that children receive adequate and correct parenting to assist them achieve their full potential; and
guaranteeing that moms and dads fulfil their duties, and fulfill their obligations, concerning the care, well-being and development of their kids.
There are other aspects that the Court may take into account in any particular situations.
Why Choose Our Domestic Violence Lawyers The Sisters VIC
We are passionate regarding giving a specialty domestic violence lawyer The Sisters service that welcomes you, understands you as well as shows you empathy in tough times. Learn why you can be assured of our dedication to your legal requirements.