Accredited Family Law & Separation Specialists In Summerlands
We know family law. Our Family Lawyers Summerlands have actually represented hundreds of family law customers throughout the years and act for mums, dads, grandmothers, grandfathers, 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 specific proficiency in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you obtain the very best possible result. If you are planning to engage the services of a few of the very best family lawyers Summerlands has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Summerlands, the Family Law Act 1975 developed 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 actually broken down irretrievably.
Any application for Divorce is typically 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 available after a 12 month period of separation. This 12 month separation duration is to be a continuous period and implies more than physical separation where there is no possibility of reconciliation.
The application can be opposed in scenarios 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 living under the same roof or if one has offered the other with some family services. It may be challenging to establish that separation has taken place in these situations and appropriately 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 spouse will need to be an Australia citizen 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 Summerlands forever or otherwise be able to supply proof that you resided 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 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 have to think about that correct plans have been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that household, and under the age of 18.
When a Divorce has actually been approved the Divorce ends up being efficient one month and one day after the Order has actually been made.
When a Divorce has worked, there is just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this period might be approved in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Summerlands
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the commencement of any Court proceedings the parties are needed to participate in, participate and make an authentic attempt in resolving any parenting issues at a household conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, further settlements can be set up with the support of lawyer, conciliators and counsellors Summerlands.
If no contract can be reached beyond 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 attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must concern the best interests of the kid as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the maximum degree consistent with the best interest of the kid; and
safeguarding the children from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that kids get sufficient and correct parenting to help them accomplish their complete potential; and
ensuring that parents fulfil their duties, and meet their obligations, concerning the care, well-being and development of their children.
There are other factors that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Summerlands VIC
We are passionate about giving a specialized Family Law service Summerlands that welcomes you, understands you as well as shows you empathy in difficult times. Discover why you can be assured of our dedication to your legal requirements.