Accredited Family Law & Separation Specialists In Serpentine
We know family law. Our Child Custody Solicitors Serpentine have represented hundreds of family law customers for many years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having particular proficiency in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you obtain the very best possible result. If you are aiming to engage the services of some of the very best family solicitors Serpentine has to offer, then look no further. When engaging among our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Serpentine, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies 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 marriage 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 files the application, or a joint application where both parties file the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and means 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 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 residing under the exact same roof or if one has actually offered the other with some home services. It may be challenging to develop that separation has taken place in these scenarios 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 spouse will need to be an Australia person 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 Serpentine forever or otherwise be able to provide evidence that you lived 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 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 have to consider that correct plans have been made for any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that home, and under the age of 18.
Once a Divorce has actually been granted the Divorce ends up being effective one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be approved in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Serpentine
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 commencement of any Court proceedings the parties are required to go to, take part and make an authentic attempt in resolving any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, further settlements can be set up with the support of lawyer, conciliators and counsellors Serpentine.
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 conflict 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 relate to the best interests of the kid as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum level consistent with the very best interest of the kid; and
safeguarding the kids from physical and psychological damage and from going through, or exposed to, abuse, overlook or family violence; and
making sure that children receive adequate and appropriate parenting to help them achieve their full potential; and
guaranteeing that parents fulfil their duties, and fulfill their responsibilities, concerning the care, welfare and development of their children.
There are other aspects that the Court may consider in any specific scenarios.
Why Choose Our Child Custody Lawyers Serpentine VIC
We are passionate about providing a specialty Family Law service Serpentine that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be guaranteed of our dedication to your legal demands.