Accredited Family Law & Separation Specialists In Sassafras
We understand family law. Our Family Lawyers Sassafras have represented numerous family law customers for many years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having particular knowledge in divorce, child custody and residential or commercial property division.
We are dedicated to assisting 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 get the very best possible result. If you are looking to engage the services of a few of the best family lawyers Sassafras has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Sassafras, the Family Law Act 1975 established 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 allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship 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 marital relationship submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation duration 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 situations 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 offered the other with some home services. It may be tough to establish that separation has actually taken place in these situations and appropriately the Court will need 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 have 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, plan to reside in Sassafras forever or otherwise be able to supply proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been wed 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 appropriate arrangements have actually been made for any child of the marriage, 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 home, and under the age of 18.
When a Divorce has actually been approved the Divorce becomes effective one month and one day after the Order has been made.
As soon as a Divorce has worked, there is just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this period may be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Sassafras
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are required to go to, take part and make a genuine attempt in fixing any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more negotiations can be arranged with the assistance of lawyer, conciliators and counsellors Sassafras.
If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should regard the very best interests of the child as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the children have the benefit of both of their parents having a meaningful participation in their lives, to the maximum level consistent with the best interest of the kid; and
securing the kids from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids receive adequate and proper parenting to help them attain their full potential; and
making sure that parents fulfil their tasks, and satisfy their obligations, concerning the care, welfare and development of their kids.
There are other elements that the Court may consider in any particular scenarios.
Why Choose Our Family Lawyers Sassafras VIC
We are passionate about providing a specialty Family Law service Sassafras that welcomes you, understands you and also shows you empathy in hard times. Learn why you can be guaranteed of our dedication to your legal demands.