Accredited Family Law & Separation Specialists In South Wharf
We know family law. Our Child Custody Solicitors South Wharf have actually represented hundreds of family law customers for many years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having specific know-how in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you obtain the very best possible outcome. If you are wanting to engage the services of some of the very best family solicitors South Wharf has to offer, then look no further. 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 South Wharf, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is usually submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship 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 duration of separation. This 12 month separation duration is to be a continuous duration and implies more than physical separation where there is no possibility of reconciliation.
The application can be opposed in circumstances 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 living under the exact same roof or if one has offered the other with some household services. It may be challenging to establish that separation has happened in these situations and appropriately the Court will need proof in support 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 person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, plan to live in South Wharf 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 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 appropriate plans 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 treated as a member of that family, and under the age of 18.
When a Divorce has been granted the Divorce ends up being efficient one month and one day after the Order has been made.
When a Divorce has actually worked, there is only a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this period might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders South Wharf
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are required to go to, participate and make a genuine attempt in dealing with any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be organized with the support of lawyer, arbitrators and counsellors South Wharf.
If no contract can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should 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 very best interests of the children are fulfilled by:
making sure that the kids have the advantage of both of their parents having a significant participation in their lives, to the maximum level constant with the best interest of the kid; and
protecting the children from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that children get sufficient and appropriate parenting to assist them achieve their complete potential; and
guaranteeing that parents satisfy their responsibilities, and meet their duties, concerning the care, well-being and advancement of their kids.
There are other aspects that the Court may take into consideration in any specific circumstances.
Why Choose Our Child Custody Lawyers South Wharf VIC
We are passionate regarding offering a specialty Family Law service South Wharf that welcomes you, understands you as well as shows you empathy in challenging times. Learn why you can be assured of our dedication to your legal requirements.