Accredited Family Law & Divorce Specialists In Seaford
We know family law. Our Child Custody Solicitors Seaford have actually represented hundreds of family law customers over the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific knowledge in divorce, child custody and property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you get the very best possible outcome. If you are planning to engage the services of a few of the very best family solicitors Seaford has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Seaford, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle suggests 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 marriage has actually broken down irretrievably.
Any application for Divorce is typically filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files 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 period and means more than physical separation where there is no possibility 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 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 supplied the other with some family services. It might be difficult to develop that separation has happened in these circumstances 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 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 live in Seaford forever or otherwise have the ability to provide 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 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 consider that appropriate plans have actually been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that home, and under the age of 18.
As soon as a Divorce has actually been approved the Divorce becomes effective one month and one day after the Order has actually been made.
When a Divorce has taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period might be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Seaford
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, participate and make a genuine attempt in fixing any parenting concerns at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be arranged with the support of lawyer, conciliators and counsellors Seaford.
If no agreement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should concern the very best interests of the child as the vital consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the children have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum level consistent with the best interest of the kid; and
protecting the kids from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
making sure that kids receive appropriate and appropriate parenting to assist them achieve their complete potential; and
guaranteeing that moms and dads satisfy their tasks, and meet their duties, concerning the care, welfare and advancement of their children.
There are other aspects that the Court may take into account in any particular situations.
Why Choose Our Child Custody Lawyers Seaford VIC
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