Accredited Family Law & Separation Specialists In Snake Valley
We understand family law. Our Family Solicitors Snake Valley have represented numerous family law clients over the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having particular know-how in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not attainable, 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 some of the very best family lawyers Snake Valley has to offer, then look no more. When engaging among our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Snake Valley, 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 adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties submit the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and means 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 actually not been separated for more than 12 months.
An application can still be made while the parties are living under the very same roof or if one has actually provided the other with some household services. It may be difficult to develop that separation has occurred in these scenarios and accordingly the Court will require evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to live in Snake Valley forever or otherwise be able 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 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 need to think about that correct arrangements have actually 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 household, and under the age of 18.
As soon as a Divorce has been given the Divorce ends up being effective one month and one day after the Order has been made.
When a Divorce has actually worked, there is only a 12 month period where to submit 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 Snake Valley
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the commencement of any Court proceedings the parties are needed to attend, participate and make a genuine attempt in dealing with any parenting issues at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more settlements can be set up with the help of lawyer, mediators and counsellors Snake Valley.
If no agreement can be reached outside of 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 conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should concern the 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 met by:
ensuring that the kids have the advantage of both of their parents having a significant participation in their lives, to the maximum extent consistent with the best interest of the child; and
securing the children from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and
making sure that children get appropriate and appropriate parenting to help them achieve their complete potential; and
making sure that moms and dads satisfy their responsibilities, and satisfy their duties, concerning the care, well-being and development of their kids.
There are other factors that the Court might take into account in any specific circumstances.
Why Choose Our Family Lawyers Snake Valley VIC
We are passionate about offering a specialized Family Law service Snake Valley that welcomes you, understands you and shows you empathy in difficult times. Figure out why you can be guaranteed of our dedication to your legal demands.