Accredited Family Law & Divorce Specialists In Seymour
We know family law. Our Family Lawyers Seymour have represented numerous family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific expertise in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you obtain the best possible result. If you are seeking to engage the services of a few of the best family legal representatives Seymour has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Seymour, 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 accusations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually 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 submits 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 duration is to be a continuous period and implies 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 not been separated for more than 12 months.
An application can still be made while the parties are residing under the exact same roof or if one has supplied the other with some household services. It may be difficult to establish that separation has happened in these situations and appropriately the Court will need evidence 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 citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, mean to live in Seymour forever or otherwise be able to offer 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 appropriate plans have been made for any child of the marriage, 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.
As soon as a Divorce has been given the Divorce becomes efficient one month and one day after the Order has actually been made.
Once 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 may be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Seymour
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court proceedings the parties are required to go to, take part and make a genuine effort in fixing any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no contract can be reached, even more negotiations can be arranged with the assistance of lawyer, mediators and counsellors Seymour.
If no arrangement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to relate to the very best interests of the child as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum level constant with the best interest of the child; and
safeguarding the kids from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and
making sure that children receive sufficient and correct parenting to help them achieve their complete potential; and
guaranteeing that moms and dads satisfy their tasks, and fulfill their obligations, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Seymour VIC
We are passionate about offering a specialized Family Law service Seymour that welcomes you, understands you and shows you empathy in challenging times. Discover why you can be guaranteed of our dedication to your legal needs.