Accredited Family Law & Divorce Specialists In Swan Bay
We know family law. Our Family Lawyers Swan Bay have actually represented numerous family law customers for many years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having particular expertise in divorce, child custody and 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 acquire the best possible result. If you are aiming to engage the services of some of the very best family legal representatives Swan Bay has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Swan Bay, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or abandonment 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 marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and means 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 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 household services. It might be difficult to establish that separation has happened in these situations and appropriately the Court will need proof in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to reside in Swan Bay indefinitely or otherwise be able to offer 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 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 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 household, and under the age of 18.
Once a Divorce has been given the Divorce becomes efficient one month and one day after the Order has been made.
When a Divorce has worked, there is just a 12 month period 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 agree to the extension and the parties have the leave of the Court.
Parenting Orders Swan Bay
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 go to, participate and make a genuine effort in dealing with any parenting concerns at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, even more negotiations can be arranged with the support of solicitor, mediators and counsellors Swan Bay.
If no agreement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should concern the best interests of the kid as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the children have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum degree constant with the best interest of the kid; and
protecting the kids from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get sufficient and correct parenting to help them attain their full potential; and
ensuring that parents fulfil their responsibilities, and meet their responsibilities, concerning the care, welfare and development of their kids.
There are other aspects that the Court might take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Swan Bay VIC
We are passionate about giving a specialty Family Law service Swan Bay that welcomes you, understands you as well as shows you empathy in tough times. Discover why you can be guaranteed of our dedication to your legal needs.