Accredited Family Law & Divorce Specialists In Swan Marsh
We know family law. Our Family Solicitors Swan Marsh have represented numerous family law clients for many years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having particular know-how in divorce, child custody and property division.
We are dedicated 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 process so that you obtain the best possible result. If you are wanting to engage the services of a few of the very best family solicitors Swan Marsh has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Swan Marsh, 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 accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship 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 submits the application, or a joint application where both parties submit 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 constant duration 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 handle 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 residing under the same roof or if one has provided the other with some family services. It might be tough to develop that separation has occurred in these situations and appropriately the Court will require 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 need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to reside in Swan Marsh indefinitely or otherwise be able to supply 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 married for less than 2 years, the Court requires 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 consider that appropriate arrangements have been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that family, and under the age of 18.
Once a Divorce has been approved the Divorce ends up being reliable one month and one day after the Order has been made.
When a Divorce has actually worked, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period may be granted in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Swan Marsh
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the commencement of any Court procedures the parties are required to participate in, take part and make a real effort in resolving any parenting issues at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, even more negotiations can be organized with the support of solicitor, arbitrators and counsellors Swan Marsh.
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 confirmation that the parties have actually tried a conflict 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 needs to regard the best interests of the child as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the kids have the advantage of both of their parents having a meaningful participation in their lives, to the maximum extent consistent with the very best interest of the child; and
securing the children from physical and mental damage and from going through, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids get sufficient and appropriate parenting to assist them accomplish their complete potential; and
ensuring that parents fulfil their duties, and fulfill their duties, concerning the care, well-being and development of their children.
There are other aspects that the Court might take into account in any specific circumstances.
Why Choose Our Family Lawyers Swan Marsh VIC
We are passionate about providing a specialty Family Law service Swan Marsh that welcomes you, understands you as well as shows you empathy in tough times. Find out why you can be assured of our commitment to your legal requirements.