Accredited Family Law & Divorce Specialists In Sandhurst
We know family law. Our Child Custody Lawyers Sandhurst have represented numerous family law customers over the years and act for mums, dads, grandmothers, grandfathers, 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 specific know-how in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you obtain the best possible result. If you are seeking to engage the services of some of the best family legal representatives Sandhurst has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Sandhurst, 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 allegations 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 generally submitted 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 only offered after a 12 month period of separation. This 12 month separation duration is to be a constant duration and suggests 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 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 living under the very same roof or if one has actually supplied the other with some family services. It may be difficult to develop that separation has actually happened in these situations and appropriately the Court will require proof in support of the application.
In addition to the requirements of a duration 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 established, you or your partner has to regard Australia as your home, mean to reside in Sandhurst indefinitely or otherwise have the ability to supply 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 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 have to think about that proper arrangements have been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that home, and under the age of 18.
Once a Divorce has actually been given the Divorce ends up being efficient one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period may be approved in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Sandhurst
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the beginning of any Court proceedings the parties are needed to attend, get involved and make a genuine effort in solving any parenting concerns at a family dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no agreement can be reached, even more settlements can be set up with the help of lawyer, arbitrators and counsellors Sandhurst.
If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should relate to the very best interests of the child as the critical consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the kids have the advantage of both of their moms and dads having a meaningful participation in their lives, to the optimum extent consistent with the very best interest of the kid; and
securing the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that kids get sufficient and proper parenting to help them achieve their full potential; and
making sure that moms and dads fulfil their duties, and satisfy their obligations, concerning the care, well-being and development of their kids.
There are other elements that the Court might take into account in any specific situations.
Why Choose Our Child Custody Lawyers Sandhurst VIC
We are passionate regarding giving a specialized Family Law service Sandhurst that welcomes you, understands you and shows you empathy in tough times. Discover why you can be guaranteed of our commitment to your legal requirements.