Accredited Family Law & Separation Specialists In Salisbury West
We know family law. Our Child Custody Lawyers Salisbury West have actually represented numerous family law clients throughout the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having specific expertise 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 achievable, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible result. If you are seeking to engage the services of a few of the best family lawyers Salisbury West has to offer, then look no further. 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 marriage.
In Salisbury West, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means 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 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 file the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation period is to be a constant duration and suggests 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 actually 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 provided the other with some household services. It might be tough to develop that separation has actually happened in these circumstances 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 partner will need 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 Salisbury West forever or otherwise have the ability to provide evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been married 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 need to consider that proper plans have actually been produced any child of the marital relationship, 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 effective one month and one day after the Order has been made.
When a Divorce has actually taken effect, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration might be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Salisbury West
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 start of any Court proceedings the parties are needed to participate in, get involved and make an authentic effort in resolving any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more settlements can be organized with the help of lawyer, arbitrators and counsellors Salisbury West.
If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court should regard the very best interests of the kid as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the kids have the benefit of both of their moms and dads having a meaningful participation in their lives, to the maximum level consistent with the very best interest of the child; and
securing the children from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and
making sure that children get appropriate and correct parenting to help them accomplish their full potential; and
ensuring that moms and dads fulfil their responsibilities, and meet their duties, concerning the care, welfare and advancement of their children.
There are other aspects that the Court may take into account in any specific circumstances.
Why Choose Our Child Custody Lawyers Salisbury West VIC
We are passionate regarding offering a specialty Family Law service Salisbury West that welcomes you, understands you and shows you empathy in difficult times. Discover why you can be guaranteed of our dedication to your legal demands.