Accredited Family Law & Divorce Specialists In Sea Lake
We know family law. Our Family Lawyers Sea Lake have actually represented hundreds of family law clients over the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having specific proficiency in divorce, child custody and property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you acquire the best possible outcome. If you are aiming to engage the services of some of the best family lawyers Sea Lake has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Sea Lake, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means 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 marital relationship 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 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 period of separation. This 12 month separation period is to be a continuous duration and means 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 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 same roof or if one has supplied the other with some household services. It may be challenging to establish that separation has taken place in these scenarios 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 partner will need to be an Australia person 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 Sea Lake indefinitely or otherwise be able to supply 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 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 need to think about that appropriate arrangements have actually been produced any child of the marital relationship, 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 been given the Divorce ends up being reliable one month and one day after the Order has been made.
As soon as a Divorce has worked, there is just a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this period might be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Sea Lake
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the commencement of any Court procedures the parties are required to go to, take part and make a real effort in fixing any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be organized with the support of solicitor, mediators and counsellors Sea Lake.
If no agreement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should regard the best interests of the kid as the vital consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum level consistent with the best interest of the child; and
protecting the children from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that children receive sufficient and appropriate parenting to help them attain their complete potential; and
making sure that parents fulfil their duties, and meet their duties, concerning the care, welfare and development of their kids.
There are other elements that the Court might take into account in any specific situations.
Why Choose Our Family Lawyers Sea Lake VIC
We are passionate about offering a specialized Family Law service Sea Lake that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be assured of our commitment to your legal demands.