Accredited Family Law & Separation Specialists In Seddon West
We understand family law. Our Child Custody Solicitors Seddon West have represented numerous family law clients over the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having particular proficiency in divorce, child custody and property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly 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 legal representatives Seddon West has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Seddon West, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means 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 generally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties file the application together.
An application for Divorce is just 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 situations 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 same roof or if one has actually provided the other with some home services. It may be tough to establish that separation has actually occurred in these circumstances and accordingly the Court will require 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 have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to reside in Seddon West forever 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 married 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 appropriate arrangements have actually been made for 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 actually been granted the Divorce becomes reliable one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration may be approved in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Seddon West
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 beginning of any Court proceedings the parties are needed to attend, participate and make a genuine attempt in fixing any parenting problems at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, further settlements can be arranged with the assistance of lawyer, arbitrators and counsellors Seddon West.
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 confirmation that the parties have actually attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must regard the very best interests of the kid as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum degree consistent with the best interest of the kid; and
safeguarding the children from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
making sure that children get sufficient and correct parenting to help them accomplish their complete potential; and
guaranteeing that parents fulfil their duties, and meet their responsibilities, concerning the care, welfare and development of their children.
There are other elements that the Court may consider in any particular scenarios.
Why Choose Our Child Custody Lawyers Seddon West VIC
We are passionate regarding providing a specialized Family Law service Seddon West that welcomes you, understands you and also shows you empathy in challenging times. Discover why you can be guaranteed of our dedication to your legal requirements.