Accredited Family Law & Separation Specialists In Seaholme
We understand family law. Our Child Custody Lawyers Seaholme have represented numerous family law clients over the 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 particular expertise in divorce, child custody and residential or commercial property division.
We are dedicated to assisting you settle your matter as rapidly 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 result. If you are seeking to engage the services of a few of the best family legal representatives Seaholme has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Seaholme, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates 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 broken down irretrievably.
Any application for Divorce is normally filed 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 duration of separation. This 12 month separation period is to be a constant duration and suggests 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 living under the very same roof or if one has actually offered the other with some home services. It may be challenging to establish that separation has taken place 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 partner will have to be an Australia citizen 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 Seaholme indefinitely or otherwise be able to supply proof that you lived in Australian for at least 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 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 actually or was adopted or who is dealt with as a member of that home, and under the age of 18.
Once a Divorce has actually been approved the Divorce ends up being reliable one month and one day after the Order has been made.
Once a Divorce has actually taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Seaholme
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a kid’s life.
Prior to the commencement of any Court proceedings the parties are needed to attend, participate and make a genuine effort in dealing with any parenting concerns at a family dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Approval Orders. If no agreement can be reached, further settlements can be set up with the support of lawyer, mediators and counsellors Seaholme.
If no agreement can be reached beyond the court system, an individual might 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 invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should relate to the best interests of the child as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are met by:
ensuring that the kids have the advantage of both of their parents having a significant involvement in their lives, to the optimum degree constant with the very best interest of the kid; and
protecting the children from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that children receive sufficient and proper parenting to assist them attain their complete potential; and
guaranteeing that moms and dads satisfy their duties, and meet their obligations, concerning the care, well-being and development of their kids.
There are other aspects that the Court may consider in any specific circumstances.
Why Choose Our Child Custody Lawyers Seaholme VIC
We are passionate about giving a specialized Family Law service Seaholme that welcomes you, understands you as well as shows you empathy in difficult times. Figure out why you can be assured of our commitment to your legal requirements.