Accredited Family Law & Separation Specialists In Sunnycliffs
We know family law. Our Child Custody Lawyers Sunnycliffs have represented numerous family law clients for many years and act for mums, fathers, grandmas, grandpas, 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 residential or commercial property division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you get the very best possible result. If you are seeking to engage the services of some of the best family legal representatives Sunnycliffs has to offer, then look no further. When engaging among our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Sunnycliffs, 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 marriage 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 marital relationship files the application, or a joint application where both parties submit the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation period is to be a constant period and suggests 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 exact same roof or if one has actually supplied the other with some household services. It might be challenging to develop 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 period of 12 months of separation, either you or your partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to reside in Sunnycliffs indefinitely or otherwise have the ability to provide proof that you lived in Australian for at least 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 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 need to consider that correct 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 treated as a member of that household, and under the age of 18.
As soon as a Divorce has been granted the Divorce becomes reliable one month and one day after the Order has actually been made.
When a Divorce has taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period may be approved in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Sunnycliffs
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court proceedings the parties are required to participate in, take part and make an authentic attempt in solving any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, further negotiations can be organized with the support of lawyer, conciliators and counsellors Sunnycliffs.
If no contract can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should concern the best interests of the kid as the paramount consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the kids have the advantage of both of their parents having a significant participation in their lives, to the maximum degree constant with the very best interest of the kid; and
protecting the children from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
making sure that kids receive appropriate and correct parenting to help them accomplish their complete potential; and
guaranteeing that parents satisfy their tasks, and meet their duties, concerning the care, well-being and advancement of their kids.
There are other elements that the Court might take into consideration in any specific circumstances.
Why Choose Our Child Custody Lawyers Sunnycliffs VIC
We are passionate regarding offering a specialized Family Law service Sunnycliffs that welcomes you, understands you and shows you empathy in tough times. Learn why you can be guaranteed of our dedication to your legal requirements.