Accredited Family Law & Separation Specialists In Shepparton North
We understand family law. Our Child Custody Lawyers Shepparton North have represented numerous family law clients for many years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having particular proficiency in divorce, child custody and property division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you obtain the best possible outcome. If you are planning to engage the services of a few of the very best family legal representatives Shepparton North has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Shepparton North, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is usually 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 only offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous period 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 actually not been separated for more than 12 months.
An application can still be made while the parties are residing under the same roof or if one has provided the other with some family services. It may be difficult to establish that separation has actually occurred in these scenarios and accordingly the Court will need proof in assistance of the application.
In addition to the requirements of a duration 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 needs to regard Australia as your home, mean to reside in Shepparton North 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 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 proper arrangements have been produced any child of the marital relationship, 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.
When a Divorce has been given the Divorce becomes effective one month and one day after the Order has been made.
Once a Divorce has taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period may be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Shepparton North
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the beginning of any Court procedures the parties are required to go to, get involved and make a genuine attempt in solving any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be arranged with the help of lawyer, mediators and counsellors Shepparton North.
If no agreement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should relate to the very best interests of the kid as the paramount consideration.
According to area 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 parents having a meaningful participation in their lives, to the optimum extent consistent with the very best interest of the child; and
protecting the kids from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids receive appropriate and proper parenting to help them accomplish their complete potential; and
ensuring that moms and dads satisfy their responsibilities, and meet their duties, concerning the care, well-being and development of their kids.
There are other aspects that the Court might take into account in any specific scenarios.
Why Choose Our Child Custody Lawyers Shepparton North VIC
We are passionate about offering a specialized Family Law service Shepparton North that welcomes you, understands you and also shows you empathy in difficult times. Figure out why you can be assured of our dedication to your legal needs.