Accredited Family Law & Divorce Specialists In Seville East
We understand family law. Our Child Custody Lawyers Seville East have represented hundreds of family law clients for many years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having specific proficiency 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 expertly throughout the Court process so that you obtain the best possible outcome. If you are wanting to engage the services of some of the very best family lawyers Seville East has to offer, then look no more. When engaging among our specialists, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Seville East, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is generally filed 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 available after a 12 month period of separation. This 12 month separation period 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 circumstances where the Court does not have jurisdiction to handle 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 very same roof or if one has supplied the other with some home services. It might be challenging to develop that separation has happened in these scenarios and appropriately the Court will need proof in support of the application.
In addition to the requirements of a period 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 developed, you or your partner has to regard Australia as your home, mean to live in Seville East indefinitely or otherwise be able to offer evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been married for less than 2 years, the Court needs 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 have to think about that correct arrangements have been produced 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 household, and under the age of 18.
When a Divorce has actually been approved the Divorce ends up being effective one month and one day after the Order has actually been made.
Once a Divorce has worked, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period might be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Seville East
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are required to participate in, get involved and make an authentic attempt in solving any parenting problems at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Approval Orders. If no agreement can be reached, even more negotiations can be arranged with the help of solicitor, mediators and counsellors Seville East.
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 need confirmation that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must concern the very best interests of the kid as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the children have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum extent constant with the best interest of the kid; and
protecting the children from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
making sure that children get adequate and correct parenting to assist them achieve their complete potential; and
making sure that parents satisfy their tasks, and fulfill their responsibilities, concerning the care, welfare and advancement of their kids.
There are other elements that the Court might take into account in any specific scenarios.
Why Choose Our Child Custody Lawyers Seville East VIC
We are passionate about providing a specialized Family Law service Seville East that welcomes you, understands you as well as shows you empathy in difficult times. Discover why you can be assured of our commitment to your legal needs.