Accredited Family Law & Divorce Specialists In Surrey Hills South
We know family law. Our Family Lawyers Surrey Hills South have represented numerous family law customers over the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having specific competence in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible result. If you are aiming to engage the services of a few of the best family legal representatives Surrey Hills South has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Surrey Hills South, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has 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 marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is only readily 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 likelihood 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 living under the very same roof or if one has actually provided the other with some family services. It may be difficult to establish that separation has occurred in these circumstances and appropriately the Court will require evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have 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, plan to live in Surrey Hills South forever or otherwise have the ability to offer evidence that you resided in Australian for at least 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 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 correct plans have 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 been approved the Divorce becomes 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 in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Surrey Hills South
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the beginning of any Court proceedings the parties are needed to go to, participate and make an authentic attempt in solving any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Permission Orders. If no agreement can be reached, further settlements can be set up with the help of solicitor, conciliators and counsellors Surrey Hills South.
If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should concern the very best interests of the child as the paramount consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the kids have the benefit of both of their parents having a significant involvement in their lives, to the optimum extent constant with the very best interest of the child; and
securing the kids from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids get sufficient and correct parenting to assist them attain their complete potential; and
making sure that parents fulfil their tasks, and fulfill their responsibilities, concerning the care, welfare and development of their kids.
There are other elements that the Court may consider in any specific situations.
Why Choose Our Family Lawyers Surrey Hills South VIC
We are passionate regarding giving a specialized Family Law service Surrey Hills South that welcomes you, understands you and also shows you empathy in hard times. Discover why you can be guaranteed of our commitment to your legal demands.