Accredited Family Law & Divorce Specialists In Swan Hill West
We understand family law. Our Child Custody Solicitors Swan Hill West have actually represented numerous family law customers throughout the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having particular competence in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you obtain the best possible result. If you are looking to engage the services of a few of the very best family legal representatives Swan Hill West has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Swan Hill West, 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 accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is usually 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 just available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and indicates more than physical separation where there is no likelihood 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 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 actually provided the other with some household services. It might be difficult to develop that separation has happened in these scenarios and appropriately the Court will need proof 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 established, you or your spouse has to regard Australia as your home, intend to live in Swan Hill West indefinitely or otherwise have the ability to provide evidence that you resided in Australian for a minimum of 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 participate in 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 think about that correct arrangements have actually 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 dealt with as a member of that family, and under the age of 18.
As soon as a Divorce has been approved the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration might be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Swan Hill West
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are needed to attend, get involved and make a genuine effort in solving any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more settlements can be organized with the help of solicitor, arbitrators and counsellors Swan Hill West.
If no arrangement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to relate to the very best interests of the kid as the critical consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the kids have the benefit of both of their parents having a significant involvement in their lives, to the maximum level constant with the very best interest of the child; and
securing the kids from physical and psychological harm and from undergoing, or exposed to, abuse, overlook or family violence; and
ensuring that kids receive adequate and correct parenting to assist them achieve their complete potential; and
guaranteeing that parents fulfil their responsibilities, and satisfy their obligations, concerning the care, welfare and advancement of their kids.
There are other elements that the Court may take into account in any specific scenarios.
Why Choose Our Child Custody Lawyers Swan Hill West VIC
We are passionate regarding giving a specialty Family Law service Swan Hill West that welcomes you, understands you and shows you empathy in challenging times. Discover why you can be assured of our dedication to your legal requirements.