Accredited Family Law & Divorce Specialists In Sandon
We know family law. Our Family Solicitors Sandon have represented numerous family law clients over the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having particular expertise in divorce, child custody and home division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you get the best possible result. If you are seeking to engage the services of some of the best family lawyers Sandon has to offer, then look no further. When engaging among our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Sandon, 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 irrelevant. The only ground for Divorce is that the marriage has 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 marriage files 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 duration and indicates 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 family services. It might be challenging to develop that separation has actually occurred in these circumstances and appropriately the Court will require evidence in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to live in Sandon indefinitely or otherwise be able to supply evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been married for less than 2 years, the Court needs the parties to go to 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 appropriate 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 dealt with as a member of that home, and under the age of 18.
Once a Divorce has actually been approved the Divorce ends up being reliable one month and one day after the Order has been made.
Once a Divorce has taken effect, there is only a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this period may be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Sandon
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 proceedings the parties are needed to attend, get involved and make a real attempt in resolving any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be arranged with the support of solicitor, conciliators and counsellors Sandon.
If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to concern the best interests of the kid as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the children have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum extent consistent with the very best interest of the kid; and
protecting the kids from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get sufficient and correct parenting to help them achieve their full potential; and
making sure that parents satisfy their tasks, and fulfill their obligations, concerning the care, well-being and development of their children.
There are other elements that the Court might take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Sandon VIC
We are passionate about providing a specialized Family Law service Sandon that welcomes you, understands you as well as shows you empathy in tough times. Figure out why you can be assured of our dedication to your legal demands.