Accredited Family Law & Divorce Specialists In Seymour
We know family law. Our Child Custody Lawyers Seymour have actually represented hundreds of family law customers over the years and act for mums, fathers, grandmothers, grandpas, married 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 particular proficiency in divorce, child custody and residential or commercial property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you acquire the very best possible result. If you are looking to engage the services of some of the very best family legal representatives Seymour has to offer, then look no further. When engaging among our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Seymour, the Family Law Act 1975 developed 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 adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is typically filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties file the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and suggests more than physical separation where there is no possibility 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 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 actually supplied the other with some household services. It may be hard to establish that separation has actually happened in these scenarios and accordingly the Court will require evidence in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, plan to reside in Seymour forever 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 requires 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 consider that proper 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 household, and under the age of 18.
When a Divorce has actually been granted the Divorce ends up being reliable one month and one day after the Order has been made.
Once a Divorce has actually worked, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Seymour
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the start of any Court procedures the parties are needed to attend, participate and make an authentic effort in solving any parenting concerns at a household disagreement resolution conference. Following conclusion 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 Consent Orders. If no agreement can be reached, further negotiations can be organized with the assistance of solicitor, arbitrators and counsellors Seymour.
If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to concern the best interests of the kid as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the children have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum degree constant with the very best interest of the child; and
securing the children from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
making sure that kids receive appropriate and appropriate parenting to help them attain their complete potential; and
making sure that moms and dads satisfy their duties, and fulfill their duties, concerning the care, well-being and advancement of their children.
There are other factors that the Court might take into consideration in any particular situations.
Why Choose Our Child Custody Lawyers Seymour VIC
We are passionate regarding providing a specialty Family Law service Seymour that welcomes you, understands you and also shows you empathy in hard times. Learn why you can be guaranteed of our commitment to your legal requirements.