Accredited Family Law & Separation Specialists In Southland Centre
We understand family law. Our Family Lawyers Southland Centre have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having particular know-how in divorce, child custody and residential or commercial property division.
We are dedicated 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 obtain the very best possible result. If you are looking to engage the services of a few of the best family lawyers Southland Centre has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Southland Centre, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates 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 actually 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 submits the application, or a joint application where both parties file the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation period is to be a constant period and suggests more than physical separation where there is no possibility of reconciliation.
The application can be opposed in circumstances 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 same roof or if one has offered the other with some home services. It might be difficult to establish that separation has happened in these situations and accordingly the Court will require proof 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 person by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to live in Southland Centre indefinitely or otherwise have the ability to offer evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has actually 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 have to consider that appropriate arrangements have actually 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 treated as a member of that home, and under the age of 18.
As soon as a Divorce has been given the Divorce becomes reliable one month and one day after the Order has actually been made.
Once a Divorce has actually worked, there is just a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this period might be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Southland Centre
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a kid’s life.
Prior to the beginning of any Court proceedings the parties are needed to go to, take part and make a real effort in resolving any parenting issues at a household conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no contract can be reached, further settlements can be arranged with the assistance of solicitor, conciliators and counsellors Southland Centre.
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 need verification that the parties have actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must concern the very best interests of the child as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the kids have the benefit 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 kid; and
securing the kids from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that children receive sufficient and correct parenting to help them achieve their full potential; and
guaranteeing that parents satisfy their duties, 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 Southland Centre VIC
We are passionate about providing a specialized Family Law service Southland Centre that welcomes you, understands you and shows you empathy in difficult times. Discover why you can be assured of our commitment to your legal needs.