Accredited Family Law & Separation Specialists In Swifts Creek
We understand family law. Our Child Custody Lawyers Swifts Creek have actually represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandfathers, 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 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 attainable, then we will represent you expertly throughout the Court process so that you get the very best possible outcome. If you are aiming to engage the services of some of the very best family solicitors Swifts Creek has to offer, then look no further. When engaging among our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Swifts Creek, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests 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 marital relationship has broken down irretrievably.
Any application for Divorce is generally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and implies more than physical separation where there is no likelihood 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 actually 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 provided the other with some household services. It may be challenging to establish that separation has happened in these situations and accordingly the Court will require 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 developed, you or your partner needs to regard Australia as your home, plan to reside in Swifts Creek 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 circumstances where a couple has been married for less than 2 years, the Court needs 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 need to consider that appropriate plans have actually been made for any child of the marriage, 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.
Once a Divorce has actually been given 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 where to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Swifts Creek
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court proceedings the parties are needed to attend, participate and make a genuine attempt in dealing with any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be set up with the help of lawyer, conciliators and counsellors Swifts Creek.
If no arrangement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should regard the best interests of the child as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are met by:
ensuring that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum degree constant with the best interest of the kid; and
safeguarding the children from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and
guaranteeing that children get appropriate and correct parenting to assist them achieve their full potential; and
making sure that parents satisfy their responsibilities, and fulfill their duties, concerning the care, well-being and development of their children.
There are other aspects that the Court may take into consideration in any specific circumstances.
Why Choose Our Child Custody Lawyers Swifts Creek VIC
We are passionate regarding providing a specialized Family Law service Swifts Creek that welcomes you, understands you as well as shows you empathy in hard times. Find out why you can be guaranteed of our dedication to your legal demands.