Accredited Family Law & Divorce Specialists In Southern Cross
We understand family law. Our Family Lawyers Southern Cross have actually represented numerous family law customers throughout the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having particular know-how in divorce, child custody and home division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you obtain the best possible outcome. If you are seeking to engage the services of some of the very best family legal representatives Southern Cross has to offer, then look no more. When engaging among our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Southern Cross, the Family Law Act 1975 established 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 desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is usually 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 just available after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and means more than physical separation where there is no probability 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 very same roof or if one has provided the other with some family services. It may be tough to establish that separation has actually occurred in these circumstances and accordingly the Court will need 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 need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to live in Southern Cross indefinitely or otherwise be able to provide proof that you resided 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 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 need to think about that appropriate 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 dealt with as a member of that family, and under the age of 18.
When a Divorce has actually been approved the Divorce ends up being effective one month and one day after the Order has actually been made.
When a Divorce has actually taken effect, there is only a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this duration may be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Southern Cross
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 procedures the parties are needed to participate in, participate and make a real effort in fixing any parenting problems at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be set up with the help of solicitor, conciliators and counsellors Southern Cross.
If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have tried a conflict 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 should concern the best interests of the child as the critical consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the optimum extent constant with the very best interest of the child; and
safeguarding the children from physical and mental damage and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that kids get appropriate and correct parenting to assist them achieve their full potential; and
making sure that parents satisfy their tasks, and satisfy their responsibilities, concerning the care, well-being and development of their children.
There are other aspects that the Court may take into account in any specific scenarios.
Why Choose Our Family Lawyers Southern Cross VIC
We are passionate regarding giving a specialized Family Law service Southern Cross that welcomes you, understands you and shows you empathy in tough times. Figure out why you can be guaranteed of our commitment to your legal needs.