Accredited Family Law & Separation Specialists In Sandringham
We understand family law. Our Child Custody Lawyers Sandringham have represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having specific knowledge in divorce, child custody and residential or commercial property division.
We are committed to assisting 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 looking to engage the services of a few of the very best family lawyers Sandringham has to offer, then look no more. When engaging one of our experts, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Sandringham, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle implies 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 marriage has actually broken down irretrievably.
Any application for Divorce is typically submitted 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 only available after a 12 month period of separation. This 12 month separation period is to be a constant period 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 not been separated for more than 12 months.
An application can still be made while the parties are residing under the exact same roof or if one has actually offered the other with some home services. It may be hard to develop that separation has taken place in these situations and appropriately the Court will need proof in assistance 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 spouse has to regard Australia as your home, mean to reside in Sandringham indefinitely or otherwise have the ability to provide proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances 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 correct 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 family, and under the age of 18.
Once a Divorce has actually been given the Divorce becomes reliable one month and one day after the Order has been made.
Once a Divorce has worked, there is only a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this duration may be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Sandringham
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court procedures the parties are required to go to, get involved and make a real effort in resolving any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that contract 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 Sandringham.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should relate to the very best interests of the kid as the vital factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum level constant with the very best interest of the kid; and
securing the children from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
ensuring that kids get sufficient and correct parenting to assist them attain their full potential; and
guaranteeing that parents fulfil their tasks, and fulfill their obligations, concerning the care, well-being and development of their children.
There are other factors that the Court may take into account in any particular situations.
Why Choose Our Child Custody Lawyers Sandringham VIC
We are passionate about offering a specialty Family Law service Sandringham that welcomes you, understands you and shows you empathy in difficult times. Find out why you can be assured of our commitment to your legal demands.