Accredited Family Law & Divorce Specialists In Southland Centre
We understand family law. Our Child Custody Lawyers Southland Centre have actually 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 solicitors can represent you in all elements of family law, having particular expertise in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you get the very best possible outcome. If you are looking to engage the services of some of the very best family legal representatives Southland Centre has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Southland Centre, the Family Law Act 1975 developed 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 allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally 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 readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and indicates more than physical separation where there is no probability 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 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 provided the other with some family services. It might be tough to establish that separation has actually happened in these circumstances and accordingly the Court will require evidence in assistance 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 established, you or your partner has to regard Australia as your home, mean to reside in Southland Centre indefinitely or otherwise have the ability to supply proof that you resided 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 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 think about that appropriate plans have actually been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that home, and under the age of 18.
Once a Divorce has been granted the Divorce ends up being efficient one month and one day after the Order has been made.
Once a Divorce has actually taken effect, there is only a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this period may be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Southland Centre
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a kid’s life.
Prior to the beginning of any Court procedures the parties are required to attend, take part and make a real attempt in dealing with any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further settlements can be arranged with the assistance of solicitor, mediators and counsellors Southland Centre.
If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have attempted a dispute 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 should regard the best interests of the child as the critical consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum level constant with the very best interest of the child; and
securing the kids from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids get appropriate and proper parenting to help them accomplish their complete potential; and
ensuring that parents fulfil their tasks, and meet their responsibilities, concerning the care, well-being and development of their children.
There are other factors that the Court may take into account in any particular circumstances.
Why Choose Our Child Custody Lawyers Southland Centre VIC
We are passionate regarding offering a specialized Family Law service Southland Centre that welcomes you, understands you and shows you empathy in challenging times. Figure out why you can be assured of our commitment to your legal needs.