Accredited Family Law & Divorce Specialists In Seddon
We understand family law. Our Child Custody Solicitors Seddon have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having particular knowledge in divorce, child custody and residential or commercial property division.
We are devoted to assisting 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 aiming to engage the services of some of the best family solicitors Seddon has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Seddon, 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 allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship 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 submit the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation period is to be a constant period and implies more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations 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 very same roof or if one has actually provided the other with some household services. It might be hard to develop that separation has taken place in these scenarios and accordingly 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 partner will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to live in Seddon forever or otherwise be able to supply proof that you resided in Australian for a minimum of 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 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 need to consider that appropriate plans have actually 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 household, and under the age of 18.
As soon as a Divorce has been approved the Divorce becomes reliable one month and one day after the Order has been made.
Once a Divorce has actually taken effect, there is only a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Seddon
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the commencement of any Court proceedings the parties are needed to participate in, get involved and make a genuine attempt in dealing with any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, even more settlements can be set up with the assistance of solicitor, mediators and counsellors Seddon.
If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court should relate to the best interests of the child as the vital consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the kids have the advantage of both of their moms and dads having a meaningful participation in their lives, to the optimum level consistent with the very best interest of the child; and
securing the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that children get sufficient and proper parenting to assist them achieve their full potential; and
guaranteeing that parents satisfy their responsibilities, and meet their duties, concerning the care, welfare and development of their kids.
There are other elements that the Court might take into account in any particular circumstances.
Why Choose Our Child Custody Lawyers Seddon VIC
We are passionate regarding offering a specialty Family Law service Seddon that welcomes you, understands you and shows you empathy in hard times. Figure out why you can be guaranteed of our dedication to your legal requirements.