Accredited Family Law & Separation Specialists In Salisbury West
We understand family law. Our Family Solicitors Salisbury West have represented hundreds of family law customers over the years and act for mums, fathers, grandmothers, grandpas, 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 specific 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 achievable, then we will represent you expertly throughout the Court procedure so that you acquire the best possible outcome. If you are looking to engage the services of a few of the best family lawyers Salisbury West has to offer, then look no further. When engaging among our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Salisbury West, the Family Law Act 1975 developed 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 marriage 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 marital relationship submits 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 duration of separation. This 12 month separation period is to be a continuous duration and means more than physical separation where there is no possibility of reconciliation.
The application can be opposed in scenarios 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 residing under the same roof or if one has provided the other with some household services. It may be hard to develop that separation has happened in these scenarios and accordingly the Court will require evidence in assistance 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 person by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to reside in Salisbury West indefinitely or otherwise have the ability to supply evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been married for less than 2 years, the Court needs 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 proper arrangements have actually 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.
As soon as a Divorce has actually been given the Divorce becomes 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 period where to file an application for property/financial and spousal maintenance. 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 Salisbury West
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the start of any Court proceedings the parties are needed to attend, participate and make a real effort in dealing with any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more settlements can be set up with the support of solicitor, arbitrators and counsellors Salisbury West.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a conflict resolution conference and are in invoice 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 vital factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the children have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum level constant with the very best interest of the kid; and
protecting the kids from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
making sure that children get sufficient and appropriate parenting to assist them attain their complete potential; and
ensuring that moms and dads fulfil their duties, and fulfill their responsibilities, concerning the care, well-being and advancement of their kids.
There are other elements that the Court may consider in any particular circumstances.
Why Choose Our Family Lawyers Salisbury West VIC
We are passionate about giving a specialized Family Law service Salisbury West that welcomes you, understands you as well as shows you empathy in difficult times. Learn why you can be guaranteed of our commitment to your legal needs.