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Family Law Advice Sandy Creek VIC

Family Law Advice Sandy Creek VIC

Accredited Family Law & Divorce Specialists In Sandy Creek

We know family law. Our Family Lawyers Sandy Creek have represented numerous family law customers for many years and act for mums, fathers, grandmothers, grandfathers, 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 particular expertise in divorce, child custody and residential or commercial property division.

We are committed to helping 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 get the best possible result. If you are seeking to engage the services of some of the best family lawyers Sandy Creek has to offer, then look no more. When engaging among our professionals, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Sandy Creek, 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 allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is usually 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 file the application together.

An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and means more than physical separation where there is no probability of reconciliation.

The application can be opposed in situations where the Court does not have jurisdiction to deal with 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 same roof or if one has actually offered the other with some family services. It may be challenging to establish that separation has happened in these circumstances 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 spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to live in Sandy Creek forever or otherwise be able to offer proof that you lived in Australian for at least 12 months prior to the filing of the application.

In instances where a couple has actually been wed 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 have to think about that appropriate plans have 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 treated as a member of that household, and under the age of 18.

As soon as a Divorce has been approved the Divorce ends up being effective one month and one day after the Order has actually been made.

As soon as a Divorce has taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration may be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Sandy Creek

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

Prior to the beginning of any Court proceedings the parties are needed to attend, get involved and make a genuine attempt in resolving any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be set up with the help of solicitor, conciliators and counsellors Sandy Creek.

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 require verification that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.

In parenting matters, a Court must regard the best interests of the child as the vital factor to consider.

Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are met by:

making sure that the kids have the advantage of both of their parents having a meaningful participation in their lives, to the optimum extent constant with the best interest of the child; and

securing the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, disregard or family violence; and

making sure that children receive sufficient and correct parenting to help them accomplish their complete potential; and

making sure that parents fulfil their tasks, and satisfy their responsibilities, concerning the care, welfare and advancement of their children.

There are other elements that the Court might consider in any specific scenarios.

Why Choose Our Family Lawyers Sandy Creek VIC

We are passionate about giving a specialized Family Law service Sandy Creek that welcomes you, understands you and shows you empathy in difficult times. Find out why you can be assured of our commitment to your legal needs.

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