Accredited Family Law & Divorce Specialists In Swan Hill West
We understand family law. Our Family Solicitors Swan Hill West have actually represented numerous family law customers over the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements 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 possible, then we will represent you skillfully throughout the Court process so that you acquire the best possible outcome. If you are wanting to engage the services of a few of the best family solicitors Swan Hill West 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 Swan Hill West, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates 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 marital relationship has broken down irretrievably.
Any application for Divorce is generally submitted 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 just readily 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 probability 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 offered the other with some home services. It may be hard to develop that separation has actually taken place in these scenarios and accordingly the Court will need evidence in assistance 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 spouse needs to regard Australia as your home, plan to reside in Swan Hill West forever or otherwise have the ability to offer proof that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been wed for less than 2 years, the Court needs 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 correct plans have been made for 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.
As soon as a Divorce has actually been approved the Divorce becomes efficient one month and one day after the Order has actually been made.
When a Divorce has 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 given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Swan Hill West
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the commencement of any Court procedures the parties are required to participate in, take part and make a real effort in solving any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more negotiations can be organized with the help of lawyer, conciliators and counsellors Swan Hill West.
If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must relate to the best interests of the child as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the kids have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the maximum level consistent with the very best interest of the kid; and
securing the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that children receive sufficient and correct parenting to assist them accomplish their complete potential; and
ensuring that moms and dads fulfil their responsibilities, and satisfy their duties, concerning the care, well-being and development of their kids.
There are other factors that the Court may consider in any specific situations.
Why Choose Our Family Lawyers Swan Hill West VIC
We are passionate regarding offering a specialty Family Law service Swan Hill West that welcomes you, understands you and shows you empathy in challenging times. Discover why you can be assured of our commitment to your legal requirements.