Accredited Family Law & Separation Specialists In Sargood
We understand family law. Our Child Custody Solicitors Sargood have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having particular expertise 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 skillfully throughout the Court procedure so that you get the very best possible outcome. If you are looking to engage the services of a few of the very best family legal representatives Sargood has to offer, then look no more. When engaging among our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Sargood, 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 allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally submitted 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 only offered after a 12 month period of separation. This 12 month separation period is to be a constant period and implies more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in circumstances 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 living under the same roof or if one has supplied the other with some household services. It may be difficult to establish that separation has taken place in these scenarios and accordingly 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 person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to reside in Sargood forever or otherwise be able to provide evidence that you lived in Australian for a minimum of 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 requires 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 think about that proper 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 dealt with as a member of that household, and under the age of 18.
When a Divorce has actually been given the Divorce becomes reliable one month and one day after the Order has actually 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 might be granted in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Sargood
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 start of any Court procedures the parties are needed to go to, take part and make a real attempt in dealing with any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no contract can be reached, even more settlements can be organized with the help of lawyer, mediators and counsellors Sargood.
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 confirmation 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 beginning of Court procedures.
In parenting matters, a Court needs to regard the best interests of the child as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum extent consistent with the best interest of the kid; and
safeguarding the kids from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that children get adequate and correct parenting to assist them achieve their full potential; and
ensuring that parents satisfy their tasks, and meet their duties, concerning the care, well-being and advancement of their kids.
There are other elements that the Court may take into account in any particular circumstances.
Why Choose Our Child Custody Lawyers Sargood VIC
We are passionate regarding offering a specialized Family Law service Sargood that welcomes you, understands you and shows you empathy in tough times. Figure out why you can be assured of our dedication to your legal needs.