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Child Custody Sandhurst East VIC

Child Custody Sandhurst East VIC

Accredited Family Law & Divorce Specialists In Sandhurst East

We understand family law. Our Child Custody Solicitors Sandhurst East have actually represented numerous family law clients for many years and act for mums, fathers, grandmothers, grandpas, married 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 expertise 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 get the very best possible outcome. If you are wanting to engage the services of a few of the very best family solicitors Sandhurst East has to offer, then look no further. When engaging among our experts, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Sandhurst East, 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 allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually 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 just offered after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and suggests more than physical separation where there is no likelihood of reconciliation.

The application can be opposed in situations 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 provided the other with some family services. It might be hard to develop that separation has taken place in these scenarios and accordingly the Court will require proof in assistance of the application.

In addition to the requirements of a period of 12 months of separation, either you or your spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, intend to reside in Sandhurst East indefinitely or otherwise be able to provide evidence 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 go to 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 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.

When a Divorce has actually been given the Divorce ends up being reliable one month and one day after the Order has been made.

Once a Divorce has worked, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period might be approved in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Sandhurst East

Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a child’s life.

Prior to the start of any Court proceedings the parties are required to go to, participate and make a real effort in resolving any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If an agreement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be organized with the help of lawyer, mediators and counsellors Sandhurst East.

If no contract 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 attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.

In parenting matters, a Court needs to concern the very best interests of the child as the vital factor to consider.

Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:

guaranteeing that the children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum level constant with the best interest of the child; and

safeguarding the kids from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and

making sure that children get sufficient and appropriate parenting to help them accomplish their complete potential; and

guaranteeing that moms and dads satisfy their responsibilities, and fulfill their responsibilities, concerning the care, well-being and advancement of their children.

There are other elements that the Court might take into consideration in any specific circumstances.

Why Choose Our Child Custody Lawyers Sandhurst East VIC

We are passionate about giving a specialized Family Law service Sandhurst East that welcomes you, understands you and shows you empathy in difficult times. Discover why you can be assured of our dedication to your legal needs.

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