Accredited Family Law & Separation Specialists In Sandy Point
We know family law. Our Family Lawyers Sandy Point have actually represented hundreds of family law customers for many years and act for mums, fathers, grandmas, grandfathers, married 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 dedicated to assisting 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 obtain the very best possible result. If you are seeking to engage the services of some of the very best family legal representatives Sandy Point has to offer, then look no further. When engaging one of our experts, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Sandy Point, the Family Law Act 1975 developed 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 allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage 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 submit the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and means 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 supplied the other with some household services. It might be hard to establish that separation has taken place in these situations 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 established, you or your spouse needs to regard Australia as your home, intend to reside in Sandy Point forever or otherwise have the ability to supply proof 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 wed for less than 2 years, the Court needs 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 consider that proper 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.
When a Divorce has been approved the Divorce becomes efficient one month and one day after the Order has been made.
As soon as a Divorce has actually taken effect, there is just a 12 month period in which to submit 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 Sandy Point
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the beginning of any Court procedures the parties are needed to participate in, participate and make a real effort in fixing any parenting issues at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Approval Orders. If no arrangement can be reached, further negotiations can be set up with the support of solicitor, mediators and counsellors Sandy Point.
If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court must relate to the best interests of the child as the vital consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are met by:
guaranteeing that the children have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum extent constant with the best interest of the child; and
protecting the kids from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids receive adequate and appropriate parenting to help them achieve their full potential; and
guaranteeing that moms and dads satisfy their responsibilities, and meet their obligations, concerning the care, welfare and advancement of their children.
There are other aspects that the Court might take into consideration in any specific situations.
Why Choose Our Family Lawyers Sandy Point VIC
We are passionate regarding providing a specialty Family Law service Sandy Point that welcomes you, understands you as well as shows you empathy in tough times. Find out why you can be guaranteed of our commitment to your legal requirements.