Accredited Family Law & Divorce Specialists In Shepherds Flat
We understand family law. Our Child Custody Solicitors Shepherds Flat have represented numerous family law customers for many years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having particular know-how in divorce, child custody and home division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you obtain the best possible result. If you are seeking to engage the services of some of the very best family legal representatives Shepherds Flat 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 Shepherds Flat, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship 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 marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation period is to be a constant period and means more than physical separation where there is no probability of reconciliation.
The application can be opposed in situations 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 actually provided the other with some family services. It may be tough to establish that separation has occurred in these situations and accordingly 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 have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, mean to reside in Shepherds Flat forever or otherwise be able to provide proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been wed 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 need to consider that correct 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 household, and under the age of 18.
When a Divorce has actually been approved the Divorce becomes efficient one month and one day after the Order has been made.
When a Divorce has actually taken effect, there is just a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this duration might be approved in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Shepherds Flat
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the commencement of any Court procedures the parties are required to go to, take part and make a real effort in resolving any parenting issues at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Approval Orders. If no contract can be reached, further settlements can be set up with the help of solicitor, conciliators and counsellors Shepherds Flat.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should regard the best interests of the child as the vital consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are met 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
protecting the kids from physical and psychological damage and from going through, or exposed to, abuse, neglect or family violence; and
making sure that kids get adequate and proper parenting to assist them accomplish their full potential; and
making sure that parents fulfil their responsibilities, and meet their obligations, concerning the care, welfare and development of their kids.
There are other factors that the Court might take into consideration in any particular scenarios.
Why Choose Our Child Custody Lawyers Shepherds Flat VIC
We are passionate about giving a specialized Family Law service Shepherds Flat that welcomes you, understands you and shows you empathy in challenging times. Figure out why you can be guaranteed of our commitment to your legal demands.