Accredited Family Law & Divorce Specialists In South Dudley
We understand family law. Our Family Solicitors South Dudley have represented numerous family law clients over the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having particular expertise in divorce, child custody and residential or commercial property division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you get the best possible result. If you are looking to engage the services of some of the very best family solicitors South Dudley has to offer, then look no more. When engaging one of our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In South Dudley, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally filed 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 file the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation period is to be a constant duration and implies more than physical separation where there is no probability of reconciliation.
The application can be opposed in circumstances where the Court does not have jurisdiction to deal with 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 actually supplied the other with some family services. It might be tough to develop that separation has occurred in these circumstances and accordingly the Court will require evidence in assistance 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, plan to reside in South Dudley indefinitely or otherwise have the ability to provide evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been married for less than 2 years, the Court requires 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 proper arrangements have actually been made for any child of the marriage, 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 household, and under the age of 18.
As soon as a Divorce has actually been given the Divorce ends up being effective one month and one day after the Order has actually been made.
When a Divorce has actually worked, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period may be granted in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders South Dudley
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to attend, take part and make an authentic attempt in solving any parenting concerns at a family dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no contract can be reached, even more settlements can be set up with the support of lawyer, arbitrators and counsellors South Dudley.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to relate to 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 satisfied by:
guaranteeing that the children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum degree consistent with the very best interest of the child; and
protecting the kids from physical and mental damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that kids receive appropriate and proper parenting to assist them attain their full potential; and
making sure that moms and dads fulfil their responsibilities, and meet their obligations, concerning the care, welfare and development of their children.
There are other elements that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers South Dudley VIC
We are passionate regarding giving a specialized Family Law service South Dudley that welcomes you, understands you and shows you empathy in tough times. Learn why you can be assured of our commitment to your legal requirements.