Accredited Family Law & Separation Specialists In Sulky
We know family law. Our Family Solicitors Sulky have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having particular competence in divorce, child custody and property division.
We are dedicated 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 process so that you get the best possible result. If you are aiming to engage the services of a few of the best family lawyers Sulky has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Sulky, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is normally 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 submit 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 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 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 actually offered the other with some home services. It may be tough to establish that separation has taken place in these circumstances and appropriately the Court will require proof in support of the application.
In addition to the requirements of a duration 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 developed, you or your spouse needs to regard Australia as your home, mean to live in Sulky 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 been wed for less than 2 years, the Court needs 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 correct plans have 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 been approved the Divorce ends up being reliable one month and one day after the Order has been made.
As soon as a Divorce has worked, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period might be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Sulky
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 start of any Court procedures the parties are required to participate in, participate and make a real attempt in solving any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be set up with the help of lawyer, conciliators and counsellors Sulky.
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 verification that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should relate to the very best interests of the child 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:
making sure that the children have the advantage of both of their parents having a significant participation in their lives, to the maximum degree consistent with the best interest of the child; and
securing the kids from physical and mental damage and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get adequate and correct parenting to assist them attain their complete potential; and
ensuring that moms and dads fulfil their tasks, and meet their duties, concerning the care, well-being and development of their kids.
There are other factors that the Court may consider in any specific situations.
Why Choose Our Family Lawyers Sulky VIC
We are passionate about giving a specialty Family Law service Sulky that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be guaranteed of our commitment to your legal demands.