Accredited Family Law & Separation Specialists In Seabrook
We know family law. Our Child Custody Solicitors Seabrook have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having particular competence in divorce, child custody and home division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you acquire the very best possible outcome. If you are looking to engage the services of some of the very best family solicitors Seabrook has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Seabrook, the Family Law Act 1975 developed 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 abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is usually 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 just readily available after a 12 month period of separation. This 12 month separation period is to be a constant duration and means more than physical separation where there is no probability of reconciliation.
The application can be opposed in scenarios 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 residing under the very same roof or if one has actually supplied the other with some family services. It may be difficult to establish that separation has taken place in these situations and accordingly the Court will need evidence in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to reside in Seabrook indefinitely or otherwise be able to provide evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been wed for less than 2 years, the Court needs 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 have to think about that correct plans have been produced 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 family, and under the age of 18.
When a Divorce has been given the Divorce ends up being effective one month and one day after the Order has been made.
When 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 granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Seabrook
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 beginning of any Court proceedings the parties are required to participate in, get involved and make a genuine effort in fixing any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more settlements can be set up with the assistance of lawyer, arbitrators and counsellors Seabrook.
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 confirmation that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court should concern the best interests of the kid as the vital factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum degree consistent with the best interest of the kid; and
protecting the children from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
making sure that kids get adequate and appropriate parenting to assist them achieve their complete potential; and
guaranteeing that parents fulfil their responsibilities, and meet their responsibilities, concerning the care, welfare and advancement of their children.
There are other factors that the Court might consider in any particular situations.
Why Choose Our Child Custody Lawyers Seabrook VIC
We are passionate about providing a specialty Family Law service Seabrook that welcomes you, understands you and shows you empathy in challenging times. Find out why you can be guaranteed of our dedication to your legal needs.