Accredited Family Law & Divorce Specialists In Seddon
We know family law. Our Family Lawyers Seddon have actually represented hundreds of family law customers for many years and act for mums, fathers, grandmas, grandpas, married 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 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 attainable, then we will represent you skillfully throughout the Court process so that you obtain the very best possible outcome. If you are planning to engage the services of some of the best family legal representatives Seddon has to offer, then look no more. When engaging among our specialists, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Seddon, the Family Law Act 1975 established 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 actually broken down irretrievably.
Any application for Divorce is typically filed 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 offered after a 12 month period of separation. This 12 month separation period is to be a continuous duration and suggests 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 residing under the same roof or if one has actually provided the other with some home services. It may be difficult to establish that separation has taken place in these situations and appropriately the Court will need evidence in assistance 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, intend to reside in Seddon indefinitely or otherwise be able to provide evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has been married 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 think about that correct arrangements have actually 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 granted the Divorce becomes effective 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 duration in which to file an application for property/financial and spousal upkeep. An extension to this duration might be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Seddon
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the beginning of any Court procedures the parties are needed to attend, participate and make a real attempt in fixing any parenting problems at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more settlements can be set up with the assistance of lawyer, arbitrators and counsellors Seddon.
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 need verification that the parties have attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should regard the best interests of the kid as the critical factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the children have the benefit of both of their parents having a significant participation in their lives, to the maximum level constant with the best interest of the child; and
securing the kids from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive adequate and proper parenting to assist them achieve their complete potential; and
guaranteeing that moms and dads satisfy their responsibilities, and meet their duties, concerning the care, welfare and development of their kids.
There are other aspects that the Court may take into consideration in any particular scenarios.
Why Choose Our Family Lawyers Seddon VIC
We are passionate regarding giving a specialized Family Law service Seddon that welcomes you, understands you as well as shows you empathy in hard times. Discover why you can be assured of our dedication to your legal demands.