Accredited Family Law & Separation Specialists In Selwyn
We understand family law. Our Child Custody Solicitors Selwyn have represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific expertise in divorce, child custody and property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible outcome. If you are looking to engage the services of some of the very best family lawyers Selwyn has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Selwyn, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations 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 usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits 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 indicates 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 living under the very same roof or if one has offered the other with some family services. It might be difficult to establish that separation has actually occurred in these scenarios and appropriately the Court will need evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner 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, intend to live in Selwyn forever or otherwise have the ability to offer evidence that you resided in Australian for at least 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 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 need to think about that appropriate plans have been produced 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 family, and under the age of 18.
Once a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has been made.
As soon as a Divorce has worked, 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 given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Selwyn
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 commencement of any Court proceedings the parties are needed to attend, get involved and make a genuine effort in dealing with any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no arrangement can be reached, further settlements can be organized with the assistance of solicitor, conciliators and counsellors Selwyn.
If no contract can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must relate to the best interests of the kid as the vital consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the maximum degree consistent with the very best interest of the child; and
safeguarding the children from physical and mental damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive adequate and appropriate parenting to assist them accomplish their complete potential; and
ensuring that moms and dads fulfil their duties, and satisfy their responsibilities, concerning the care, welfare and development of their kids.
There are other aspects that the Court may take into account in any specific circumstances.
Why Choose Our Child Custody Lawyers Selwyn VIC
We are passionate regarding offering a specialty Family Law service Selwyn that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be guaranteed of our dedication to your legal demands.