Accredited Family Law & Divorce Specialists In Selby
We understand family law. Our Child Custody Solicitors Selby have represented hundreds of family law clients over the years and act for mums, dads, grandmas, grandpas, 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 quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you obtain the best possible outcome. If you are wanting to engage the services of a few of the very best family legal representatives Selby has to offer, then look no more. When engaging one of our experts, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Selby, 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 allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is typically 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 submit the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and means more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to deal with 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 supplied the other with some family services. It may be challenging to establish that separation has occurred in these circumstances and appropriately the Court will require evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need 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, mean to live in Selby forever or otherwise have the ability to provide evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances 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 proper plans have been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, and under the age of 18.
When a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has been made.
When a Divorce has actually taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period may be approved in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Selby
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the beginning of any Court proceedings the parties are needed to participate in, participate and make a genuine effort in dealing with any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, further settlements can be organized with the assistance of solicitor, mediators and counsellors Selby.
If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a conflict 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 needs to regard the very best interests of the child as the critical consideration.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the children have the benefit of both of their parents having a meaningful participation in their lives, to the maximum extent constant with the very best interest of the child; and
safeguarding the kids from physical and mental damage and from going through, or exposed to, abuse, overlook or family violence; and
guaranteeing that children receive appropriate and appropriate parenting to help them accomplish their full potential; and
making sure that parents fulfil their responsibilities, and satisfy their obligations, concerning the care, well-being and development of their kids.
There are other factors that the Court may consider in any particular scenarios.
Why Choose Our Child Custody Lawyers Selby VIC
We are passionate regarding giving a specialized Family Law service Selby that welcomes you, understands you and shows you empathy in tough times. Discover why you can be assured of our dedication to your legal requirements.