Accredited Family Law & Separation Specialists In St Andrews
We know family law. Our Child Custody Lawyers St Andrews have actually represented numerous family law customers throughout the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having particular expertise 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 possible, then we will represent you expertly 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 best family solicitors St Andrews has to offer, then look no more. When engaging among our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In St Andrews, 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 irrelevant. The only ground for Divorce is that the marital relationship has actually 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 files the application, or a joint application where both parties file the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation period is to be a constant period and suggests more than physical separation where there is no probability of reconciliation.
The application can be opposed in circumstances 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 same roof or if one has actually supplied the other with some family services. It may be challenging to establish that separation has occurred in these scenarios and accordingly the Court will need 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to reside in St Andrews forever or otherwise be able to provide 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 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 think about that appropriate plans have been made for any child of the marital relationship, or a child from another relationship, or a child who has actually 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 actually been given the Divorce ends up being efficient one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is only a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period may be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders St Andrews
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a kid’s life.
Prior to the beginning of any Court procedures the parties are required to participate in, take part and make a real effort in solving any parenting concerns at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Approval Orders. If no contract can be reached, even more negotiations can be arranged with the help of solicitor, conciliators and counsellors St Andrews.
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 actually attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court must concern the best interests of the child as the critical consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
making sure that the kids have the advantage of both of their parents having a significant involvement in their lives, to the optimum extent consistent with the best interest of the child; and
protecting the kids from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that kids receive sufficient and appropriate parenting to assist them achieve their full potential; and
guaranteeing that parents fulfil their responsibilities, and satisfy their obligations, concerning the care, welfare and advancement of their kids.
There are other factors that the Court might consider in any specific scenarios.
Why Choose Our Child Custody Lawyers St Andrews VIC
We are passionate regarding giving a specialized Family Law service St Andrews that welcomes you, understands you and also shows you empathy in hard times. Learn why you can be guaranteed of our dedication to your legal requirements.