Accredited Family Law & Divorce Specialists In Southern Cross
We know family law. Our Child Custody Solicitors Southern Cross have actually represented hundreds of family law customers for many years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having specific know-how in divorce, child custody and residential or commercial 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 procedure so that you get the very best possible outcome. If you are seeking to engage the services of some of the best family solicitors Southern Cross has to offer, then look no more. When engaging among our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Southern Cross, 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 accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has 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 files the application, or a joint application where both parties file the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation period is to be a constant period and implies more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios 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 provided the other with some home services. It may be difficult to establish that separation has happened in these scenarios 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 spouse will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to live in Southern Cross indefinitely or otherwise be able to supply proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has actually been wed 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 correct plans have actually 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 home, and under the age of 18.
As soon as a Divorce has been approved the Divorce becomes reliable one month and one day after the Order has actually been made.
As soon as a Divorce has actually worked, there is only a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Southern Cross
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 commencement of any Court proceedings the parties are needed to go to, get involved and make an authentic effort in resolving any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more settlements can be arranged with the assistance of lawyer, arbitrators and counsellors Southern Cross.
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 verification that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to regard the very best interests of the child as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum extent consistent with the very best interest of the child; and
securing the kids from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
ensuring that children get appropriate and proper parenting to assist them accomplish their complete potential; and
guaranteeing that parents satisfy their responsibilities, and meet their duties, concerning the care, well-being and advancement of their kids.
There are other factors that the Court may take into account in any particular situations.
Why Choose Our Child Custody Lawyers Southern Cross VIC
We are passionate about providing a specialized Family Law service Southern Cross that welcomes you, understands you and shows you empathy in hard times. Discover why you can be assured of our commitment to your legal requirements.