Accredited Family Law & Separation Specialists In Sargood
We understand family law. Our Family Solicitors Sargood have actually represented numerous family law clients for many years and act for mums, fathers, grandmas, grandfathers, 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 particular knowledge in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you obtain the best possible result. If you are planning to engage the services of a few of the very best family lawyers Sargood has to offer, then look no further. When engaging among our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Sargood, 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 accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation period is to be a continuous 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 deal with 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 residing under the same roof or if one has actually supplied the other with some family services. It may be hard to develop that separation has actually happened in these scenarios and accordingly the Court will need evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to reside in Sargood indefinitely or otherwise be able to supply evidence that you lived in Australian for at least 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 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 need to think about that proper arrangements have actually been made for any child of the marital relationship, 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.
As soon as a Divorce has been granted the Divorce becomes efficient one month and one day after the Order has actually been made.
When a Divorce has taken effect, there is just a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this duration may be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Sargood
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 participate in, take part and make a genuine effort in resolving any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more settlements can be set up with the assistance of lawyer, arbitrators and counsellors Sargood.
If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must concern the very best interests of the child as the vital consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum level consistent with the best interest of the kid; and
safeguarding the kids from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that kids receive appropriate and proper parenting to help them accomplish their full potential; and
guaranteeing that moms and dads satisfy their duties, and fulfill their obligations, concerning the care, well-being and advancement of their kids.
There are other factors that the Court may take into consideration in any particular scenarios.
Why Choose Our Family Lawyers Sargood VIC
We are passionate about giving a specialty Family Law service Sargood that welcomes you, understands you and shows you empathy in difficult times. Discover why you can be guaranteed of our dedication to your legal needs.