Accredited Family Law & Separation Specialists In Sunderland Bay
We know family law. Our Child Custody Lawyers Sunderland Bay have represented hundreds of family law clients over the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific 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 attainable, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible outcome. If you are planning to engage the services of some of the best family legal representatives Sunderland Bay has to offer, then look no more. When engaging among our specialists, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Sunderland Bay, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations 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 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 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 continuous duration 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 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 exact same roof or if one has provided the other with some household services. It may be difficult to develop that separation has occurred in these circumstances and appropriately the Court will need proof 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 established, you or your partner has to regard Australia as your home, intend to reside in Sunderland Bay 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 actually been married for less than 2 years, the Court needs 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 actually 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 household, and under the age of 18.
Once a Divorce has been granted the Divorce becomes efficient one month and one day after the Order has actually been made.
When a Divorce has taken effect, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period might be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Sunderland Bay
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a kid’s life.
Prior to the start of any Court procedures the parties are required to participate in, get involved and make an authentic attempt in solving any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no arrangement can be reached, further negotiations can be set up with the help of lawyer, mediators and counsellors Sunderland Bay.
If no agreement can be reached outside of the court system, a person 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 invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to concern the best interests of the child as the critical consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum extent consistent with the best interest of the kid; and
safeguarding the children from physical and mental damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids get adequate and appropriate parenting to help them accomplish their full potential; and
ensuring that parents satisfy their responsibilities, and satisfy their responsibilities, concerning the care, well-being and advancement of their kids.
There are other factors that the Court may take into consideration in any specific situations.
Why Choose Our Child Custody Lawyers Sunderland Bay VIC
We are passionate about giving a specialty Family Law service Sunderland Bay that welcomes you, understands you and also shows you empathy in hard times. Learn why you can be assured of our commitment to your legal needs.