Accredited Family Law & Divorce Specialists In Sassafras Gully
We know family law. Our Child Custody Lawyers Sassafras Gully have actually represented numerous family law clients throughout the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having specific proficiency in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you obtain the very best possible result. If you are seeking to engage the services of some of the very best family legal representatives Sassafras Gully has to offer, then look no more. When engaging among our experts, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Sassafras Gully, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is normally 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 file the application together.
An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation duration is to be a constant duration and implies more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to deal with 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 exact same roof or if one has actually provided the other with some household services. It might be hard to establish that separation has occurred in these circumstances and appropriately the Court will require evidence 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 person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to reside in Sassafras Gully indefinitely or otherwise be able 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 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 actually or was adopted or who is treated as a member of that household, and under the age of 18.
When a Divorce has actually been given the Divorce becomes reliable one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period might be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Sassafras Gully
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the commencement of any Court proceedings the parties are required to go to, participate and make a real attempt in resolving any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Approval Orders. If no contract can be reached, even more settlements can be organized with the help of lawyer, conciliators and counsellors Sassafras Gully.
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 verification that the parties have actually attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must relate to the very best interests of the child as the critical consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the children have the benefit of both of their parents having a meaningful participation in their lives, to the optimum extent consistent with the best interest of the kid; and
protecting the kids from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that kids receive adequate and appropriate parenting to help them accomplish their full potential; and
guaranteeing that moms and dads fulfil their responsibilities, and fulfill their duties, concerning the care, welfare and development of their children.
There are other elements that the Court might take into consideration in any specific circumstances.
Why Choose Our Child Custody Lawyers Sassafras Gully VIC
We are passionate about providing a specialty Family Law service Sassafras Gully that welcomes you, understands you as well as shows you empathy in challenging times. Find out why you can be assured of our commitment to your legal demands.