Accredited Family Law & Divorce Specialists In Swan Bay
We understand family law. Our Child Custody Lawyers Swan Bay have actually represented numerous family law customers throughout the years and act for mums, fathers, grandmothers, grandfathers, married 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 expertise in divorce, child custody and home division.
We are dedicated 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 obtain the very best possible outcome. If you are seeking to engage the services of a few of the best family legal representatives Swan Bay has to offer, then look no further. 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 Swan Bay, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations 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 usually submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties file the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation duration is to be a continuous period and means more than physical separation where there is no possibility 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 residing under the same roof or if one has actually offered the other with some home services. It might be difficult to develop that separation has occurred in these scenarios 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 person 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 Swan Bay forever or otherwise be able to offer proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually 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 have to consider that correct plans have been made for any child of the marital relationship, 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.
Once a Divorce has been granted the Divorce ends up being efficient one month and one day after the Order has actually been made.
When a Divorce has actually taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration may be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Swan Bay
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are needed to participate in, participate and make an authentic effort in resolving any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, further negotiations can be organized with the assistance of lawyer, arbitrators and counsellors Swan Bay.
If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a conflict resolution conference and are in invoice 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 section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the children have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum extent constant with the very best interest of the kid; and
securing the kids from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
making sure that kids receive adequate and proper parenting to assist them achieve their full potential; and
making sure that parents satisfy their responsibilities, and meet their duties, concerning the care, well-being and development of their children.
There are other aspects that the Court might take into consideration in any particular circumstances.
Why Choose Our Child Custody Lawyers Swan Bay VIC
We are passionate about giving a specialty Family Law service Swan Bay that welcomes you, understands you as well as shows you empathy in hard times. Find out why you can be assured of our dedication to your legal needs.