Accredited Family Law & Separation Specialists In Seaford
We understand family law. Our Family Lawyers Seaford have actually represented hundreds of family law clients for many years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having specific knowledge 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 possible, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible outcome. If you are wanting to engage the services of some of the very best family solicitors Seaford has to offer, then look no more. When engaging among our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Seaford, 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 adultery, 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 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 duration of separation. This 12 month separation duration is to be a constant period and means more than physical separation where there is no possibility 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 exact same roof or if one has actually offered the other with some household services. It might be difficult to develop that separation has taken place in these scenarios and accordingly the Court will require evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, mean to reside in Seaford indefinitely or otherwise be able to provide proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has 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 need to consider that correct arrangements have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that family, and under the age of 18.
Once a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is just a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Seaford
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 required to go to, get involved and make a genuine effort in resolving any parenting issues at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no agreement can be reached, further negotiations can be set up with the help of lawyer, arbitrators and counsellors Seaford.
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 actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should relate to the very best interests of the child as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum level constant with the best interest of the kid; and
securing the children from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids receive appropriate and proper parenting to assist them attain their full potential; and
guaranteeing that moms and dads satisfy their tasks, and meet their responsibilities, concerning the care, welfare and advancement of their children.
There are other elements that the Court may take into consideration in any particular situations.
Why Choose Our Family Lawyers Seaford VIC
We are passionate regarding providing a specialized Family Law service Seaford that welcomes you, understands you as well as shows you empathy in difficult times. Find out why you can be guaranteed of our commitment to your legal needs.