Accredited Family Law & Separation Specialists In Sunnycliffs
We know family law. Our Family Lawyers Sunnycliffs have represented hundreds of family law customers throughout the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having specific knowledge in divorce, child custody and home division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you obtain the best possible result. If you are looking to engage the services of a few of the best family legal representatives Sunnycliffs has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Sunnycliffs, 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 adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is usually submitted 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 just offered after a 12 month period of separation. This 12 month separation period is to be a continuous period and indicates more than physical separation where there is no possibility 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 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 actually taken place in these situations and appropriately the Court will need 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 have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, plan to live in Sunnycliffs forever or otherwise have the ability to provide proof that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been wed 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 have to consider that proper arrangements have actually been produced any child of the marital relationship, 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 granted the Divorce becomes reliable one month and one day after the Order has actually been made.
As soon as a Divorce has actually taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this duration may be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Sunnycliffs
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the start of any Court proceedings the parties are needed to participate in, take part and make an authentic attempt in fixing any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no agreement can be reached, even more settlements can be organized with the assistance of solicitor, mediators and counsellors Sunnycliffs.
If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must relate to the very best interests of the kid as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the kids have the advantage of both of their parents having a meaningful participation in their lives, to the maximum level constant with the very best interest of the kid; and
securing the children from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive sufficient and appropriate parenting to help them achieve their full potential; and
ensuring that moms and dads fulfil their duties, and satisfy their duties, concerning the care, welfare and development of their kids.
There are other factors that the Court might consider in any specific scenarios.
Why Choose Our Family Lawyers Sunnycliffs VIC
We are passionate regarding giving a specialized Family Law service Sunnycliffs that welcomes you, understands you as well as shows you empathy in tough times. Figure out why you can be assured of our dedication to your legal requirements.