Accredited Family Law & Divorce Specialists In Sailors Falls
We understand family law. Our Child Custody Solicitors Sailors Falls have actually represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having particular competence in divorce, child custody and residential or commercial property division.
We are devoted to helping 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 very best possible result. If you are looking to engage the services of some of the best family legal representatives Sailors Falls has to offer, then look no further. When engaging one of our experts, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Sailors Falls, the Family Law Act 1975 developed 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 adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship 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 marital relationship files the application, or a joint application where both parties file 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 means more than physical separation where there is no possibility 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 provided the other with some household services. It might be challenging to develop that separation has occurred in these scenarios 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 has to regard Australia as your home, mean to reside in Sailors Falls indefinitely or otherwise be able to provide proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually 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 correct plans have 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 household, and under the age of 18.
As soon as a Divorce has actually been approved the Divorce ends up being reliable one month and one day after the Order has been made.
Once a Divorce has worked, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period might be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Sailors Falls
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the start of any Court procedures the parties are needed to go to, participate and make a real attempt in solving any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Permission Orders. If no contract can be reached, further settlements can be arranged with the assistance of solicitor, conciliators and counsellors Sailors Falls.
If no arrangement 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 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 very best interests of the child as the vital consideration.
Inning accordance with section 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 parents having a significant involvement in their lives, to the maximum extent constant with the very best interest of the kid; and
protecting the children from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that kids receive adequate and appropriate parenting to assist them achieve their full potential; and
ensuring that parents satisfy their responsibilities, and satisfy their duties, concerning the care, welfare and development of their kids.
There are other aspects that the Court might consider in any particular circumstances.
Why Choose Our Child Custody Lawyers Sailors Falls VIC
We are passionate regarding offering a specialty Family Law service Sailors Falls that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be assured of our dedication to your legal demands.