Accredited Family Law & Separation Specialists In Swan Hill
We understand family law. Our Family Lawyers Swan Hill have 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 experienced family law and divorce legal representatives can represent you in all elements of family law, having particular expertise in divorce, child custody and residential or commercial property division.
We are devoted to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you acquire the very best possible result. If you are aiming to engage the services of some of the very best family lawyers Swan Hill has to offer, then look no further. When engaging among our experts, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Swan Hill, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates 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 marital relationship has 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 submits the application, or a joint application where both parties submit the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation period is to be a constant period and implies 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 handle 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 supplied the other with some household services. It might be hard to develop that separation has occurred in these circumstances and appropriately the Court will require proof in assistance 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, intend to reside in Swan Hill indefinitely or otherwise have the ability to offer proof 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 attend 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 appropriate 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 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 been made.
Once a Divorce has worked, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration may be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Swan Hill
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are needed to go to, get involved and make a real effort in resolving any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be set up with the support of solicitor, conciliators and counsellors Swan Hill.
If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to relate to the best interests of the child as the critical consideration.
Inning accordance with 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 participation in their lives, to the maximum extent consistent with the best interest of the child; and
safeguarding the kids from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids receive sufficient and appropriate parenting to help them achieve their complete potential; and
ensuring that moms and dads satisfy their responsibilities, and satisfy their obligations, concerning the care, welfare and development of their kids.
There are other elements that the Court might take into account in any particular situations.
Why Choose Our Family Lawyers Swan Hill VIC
We are passionate about providing a specialized Family Law service Swan Hill that welcomes you, understands you and shows you empathy in challenging times. Learn why you can be assured of our commitment to your legal needs.