Accredited Family Law & Separation Specialists In Shepparton East
We understand family law. Our Family Solicitors Shepparton East have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having specific expertise in divorce, child custody and home division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you obtain the best possible result. If you are looking to engage the services of some of the best family legal representatives Shepparton East has to offer, then look no further. When engaging among our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Shepparton East, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is typically submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation duration is to be a constant period and means more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations 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 exact same roof or if one has actually provided the other with some family services. It may be challenging to develop that separation has actually happened in these situations and accordingly the Court will require proof 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to live in Shepparton East forever or otherwise have the ability to provide evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances 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 think about that proper arrangements have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that household, and under the age of 18.
When a Divorce has actually been given the Divorce becomes reliable one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is just a 12 month period 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 consent to the extension and the parties have the leave of the Court.
Parenting Orders Shepparton East
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a kid’s life.
Prior to the beginning of any Court procedures the parties are needed to go to, get involved and make a real effort in fixing any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, further settlements can be set up with the assistance of lawyer, mediators and counsellors Shepparton East.
If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start 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 fulfilled by:
ensuring that the children have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum degree constant with the best interest of the child; and
safeguarding the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that kids receive sufficient and appropriate parenting to assist them attain their complete potential; and
guaranteeing that parents fulfil their duties, and fulfill their responsibilities, concerning the care, welfare and development of their children.
There are other elements that the Court might take into account in any specific circumstances.
Why Choose Our Family Lawyers Shepparton East VIC
We are passionate about giving a specialty Family Law service Shepparton East that welcomes you, understands you as well as shows you empathy in difficult times. Discover why you can be guaranteed of our commitment to your legal demands.