Accredited Family Law & Divorce Specialists In Silvan
We know family law. Our Family Lawyers Silvan have represented numerous family law clients for many years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having particular competence in divorce, child custody and home division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you get the very best possible outcome. If you are wanting to engage the services of a few of the best family lawyers Silvan has to offer, then look no more. When engaging one of our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Silvan, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies 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 marital relationship has broken down irretrievably.
Any application for Divorce is normally submitted 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 readily available after a 12 month period of separation. This 12 month separation period is to be a constant period and means more than physical separation where there is no probability 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 same roof or if one has provided the other with some family services. It may be difficult to develop that separation has occurred in these circumstances and appropriately the Court will need evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will have 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 Silvan forever or otherwise have the ability to provide 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 actually been wed for less than 2 years, the Court needs the parties to attend 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 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 dealt with as a member of that home, and under the age of 18.
When a Divorce has actually been approved the Divorce becomes reliable one month and one day after the Order has been made.
When a Divorce has actually worked, there is only a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Silvan
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 proceedings the parties are required to attend, participate and make a genuine attempt in fixing any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further negotiations can be organized with the assistance of lawyer, conciliators and counsellors Silvan.
If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to relate to the very best interests of the child as the paramount consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the children have the advantage of both of their moms and dads having a significant participation in their lives, to the maximum extent constant with the very best interest of the child; and
securing the kids from physical and psychological damage and from going through, or exposed to, abuse, overlook or family violence; and
making sure that kids get sufficient and appropriate parenting to help them accomplish their complete potential; and
making sure that moms and dads satisfy their responsibilities, and meet their obligations, concerning the care, well-being and development of their children.
There are other factors that the Court might take into account in any particular scenarios.
Why Choose Our Family Lawyers Silvan VIC
We are passionate regarding offering a specialized Family Law service Silvan that welcomes you, understands you as well as shows you empathy in hard times. Find out why you can be assured of our commitment to your legal needs.