Accredited Family Law & Separation Specialists In Snake Island
We know family law. Our Child Custody Lawyers Snake Island have actually represented hundreds of family law clients throughout the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having particular competence in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as rapidly 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 result. If you are planning to engage the services of some of the very best family solicitors Snake Island has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Snake Island, 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 abandonment are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is typically 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 submit the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation duration is to be a constant period and indicates 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 residing under the very same roof or if one has supplied the other with some family services. It may be hard to develop that separation has taken place in these circumstances and appropriately 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 partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to live in Snake Island forever or otherwise be able to offer evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been married for less than 2 years, the Court needs the parties to attend 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 proper plans have been made for 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 home, and under the age of 18.
Once a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is only a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this duration may be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Snake Island
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 participate in, take part and make a real effort in dealing with any parenting concerns at a family dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no contract can be reached, even more settlements can be arranged with the help of lawyer, mediators and counsellors Snake Island.
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 verification that the parties have 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 should regard the very best interests of the child as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the children have the benefit of both of their parents having a meaningful participation in their lives, to the maximum degree constant with the best interest of the kid; and
protecting the children from physical and mental damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that children receive sufficient and correct parenting to help them attain their complete potential; and
guaranteeing that parents satisfy their tasks, and meet their obligations, concerning the care, welfare and advancement of their children.
There are other aspects that the Court might take into consideration in any particular circumstances.
Why Choose Our Child Custody Lawyers Snake Island VIC
We are passionate regarding offering a specialized Family Law service Snake Island that welcomes you, understands you and also shows you empathy in hard times. Discover why you can be assured of our commitment to your legal needs.