Accredited Family Law & Separation Specialists In Sassafras Gully
We know family law. Our Family Lawyers Sassafras Gully have represented numerous family law clients throughout the years and act for mums, dads, 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 particular competence in divorce, child custody and property division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you acquire the best possible outcome. If you are looking to engage the services of some of the very best family legal representatives Sassafras Gully has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Sassafras Gully, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are irrelevant. 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 marital relationship submits the application, or a joint application where both parties file the application together.
An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and implies more than physical separation where there is no possibility of reconciliation.
The application can be opposed in circumstances where the Court does not have jurisdiction to handle 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 living under the same roof or if one has provided the other with some family services. It may be difficult to establish that separation has occurred in these circumstances and accordingly the Court will require evidence 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 citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to reside in Sassafras Gully indefinitely or otherwise have the ability to provide evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has actually been wed for less than 2 years, the Court requires 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 consider that appropriate plans have actually been produced 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 household, and under the age of 18.
When a Divorce has been given the Divorce ends up being effective one month and one day after the Order has actually been made.
Once a Divorce has worked, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be granted in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Sassafras Gully
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the start of any Court proceedings the parties are required to participate in, participate and make a genuine attempt in solving any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Permission Orders. If no contract can be reached, even more settlements can be arranged with the support of solicitor, conciliators and counsellors Sassafras Gully.
If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to relate to the best interests of the kid as the vital factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the kids have the advantage of both of their moms and dads having a meaningful participation in their lives, to the optimum degree consistent with the best interest of the child; and
protecting the children from physical and mental damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive adequate and correct parenting to assist them attain their complete potential; and
making sure that parents fulfil their duties, and satisfy their obligations, concerning the care, well-being and development of their children.
There are other aspects that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Sassafras Gully VIC
We are passionate about providing a specialty Family Law service Sassafras Gully that welcomes you, understands you as well as shows you empathy in challenging times. Find out why you can be assured of our dedication to your legal needs.