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Child Custody Swan Marsh VIC

Child Custody Swan Marsh VIC

Accredited Family Law & Divorce Specialists In Swan Marsh

We know family law. Our Child Custody Solicitors Swan Marsh have actually represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having specific know-how in divorce, child custody and property 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 skillfully throughout the Court procedure so that you obtain the very best possible result. If you are planning to engage the services of a few of the best family lawyers Swan Marsh has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Swan Marsh, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.

Any application for Divorce is generally filed 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 submit the application together.

An application for Divorce is only available after a 12 month period of separation. This 12 month separation period is to be a continuous 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 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 living under the very same roof or if one has actually supplied the other with some home services. It might be difficult to establish that separation has actually happened 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 need 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, intend to reside in Swan Marsh indefinitely or otherwise be able to offer 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 actually been married 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 correct arrangements have actually been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, and under the age of 18.

As soon as a Divorce has been given the Divorce ends up being reliable one month and one day after the Order has been made.

As soon as a Divorce has worked, there is just a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this period may be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Swan Marsh

Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.

Prior to the beginning of any Court proceedings the parties are required to participate in, get involved and make an authentic attempt in fixing any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, further negotiations can be set up with the help of lawyer, arbitrators and counsellors Swan Marsh.

If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have actually attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court needs to concern the best interests of the child as the vital consideration.

Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:

guaranteeing that the children have the benefit of both of their moms and dads having a significant participation in their lives, to the maximum extent constant with the very best interest of the kid; and

safeguarding the children from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and

making sure that children receive appropriate and proper parenting to help them attain their complete potential; and

guaranteeing that parents fulfil their responsibilities, and meet their obligations, concerning the care, welfare and development of their kids.

There are other factors that the Court may consider in any particular circumstances.

Why Choose Our Child Custody Lawyers Swan Marsh VIC

We are passionate about providing a specialty Family Law service Swan Marsh that welcomes you, understands you and shows you empathy in challenging times. Discover why you can be assured of our commitment to your legal requirements.

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