Accredited Family Law & Separation Specialists In Sale East Raaf
We know family law. Our Family Lawyers Sale East Raaf have represented hundreds of family law clients over the years and act for mums, fathers, grandmothers, 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 specific know-how in divorce, child custody and property division.
We are dedicated to assisting 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 acquire the best possible outcome. If you are seeking to engage the services of a few of the best family legal representatives Sale East Raaf has to offer, then look no further. When engaging among our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Sale East Raaf, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is normally 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 submit the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and indicates more than physical separation where there is no possibility 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 actually not been separated for more than 12 months.
An application can still be made while the parties are living under the same roof or if one has actually supplied the other with some family services. It might be difficult to develop that separation has actually occurred in these situations and accordingly the Court will need evidence in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, plan to reside in Sale East Raaf indefinitely or otherwise be able to offer proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been married 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 proper plans have been made for any child of the marriage, 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.
When a Divorce has actually been approved the Divorce becomes efficient one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is just a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this period may be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Sale East Raaf
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a child’s life.
Prior to the beginning of any Court procedures the parties are needed to attend, take part and make an authentic effort in solving any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, further negotiations can be organized with the help of lawyer, conciliators and counsellors Sale East Raaf.
If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should regard the very best interests of the kid as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the children have the benefit of both of their parents having a meaningful participation in their lives, to the maximum extent consistent with the very best interest of the kid; and
safeguarding the kids from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
making sure that kids get adequate and correct parenting to assist them achieve their full potential; and
guaranteeing that parents fulfil their tasks, and satisfy their duties, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court might take into consideration in any particular scenarios.
Why Choose Our Family Lawyers Sale East Raaf VIC
We are passionate regarding giving a specialty Family Law service Sale East Raaf that welcomes you, understands you and shows you empathy in tough times. Figure out why you can be assured of our commitment to your legal demands.