Accredited Family Law & Divorce Specialists In Sandown Village
We understand family law. Our Child Custody Lawyers Sandown Village have actually represented hundreds of family law customers over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular competence in divorce, child custody and home division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you get the very best possible result. If you are wanting to engage the services of a few of the best family solicitors Sandown Village has to offer, then look no further. When engaging among our experts, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Sandown Village, the Family Law Act 1975 established 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 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 submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship 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 period and indicates 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 same roof or if one has provided the other with some household services. It may be difficult to develop that separation has actually taken place in these situations and appropriately the Court will require proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to reside in Sandown Village forever or otherwise be able to offer proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been wed for less than 2 years, the Court requires the parties to go to 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 correct arrangements have 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 dealt with as a member of that home, and under the age of 18.
As soon as a Divorce has been granted the Divorce becomes reliable one month and one day after the Order has actually been made.
When a Divorce has actually worked, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period may be given in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Sandown Village
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the beginning of any Court procedures the parties are needed to go to, participate and make a genuine attempt in solving any parenting issues at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, even more settlements can be arranged with the assistance of lawyer, arbitrators and counsellors Sandown Village.
If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have actually tried a dispute resolution conference and are in receipt 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 child as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the children have the advantage of both of their parents having a meaningful participation in their lives, to the optimum level consistent with the best interest of the child; and
safeguarding the children from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that children get adequate and correct parenting to help them achieve their complete potential; and
making sure that moms and dads fulfil their tasks, and meet their responsibilities, concerning the care, well-being and development of their kids.
There are other aspects that the Court might consider in any specific scenarios.
Why Choose Our Child Custody Lawyers Sandown Village VIC
We are passionate about giving a specialized Family Law service Sandown Village that welcomes you, understands you and also shows you empathy in difficult times. Figure out why you can be assured of our dedication to your legal requirements.