Accredited Family Law & Divorce Specialists In Stawell West
We understand family law. Our Child Custody Solicitors Stawell West have actually represented numerous family law clients for many years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having specific competence 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 best possible result. If you are planning to engage the services of some of the best family solicitors Stawell West 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 marital relationship.
In Stawell West, 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 infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually 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 marital relationship submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation duration 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 situations 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 exact same roof or if one has provided the other with some family services. It may be hard to develop that separation has happened in these situations and appropriately the Court will require proof in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have 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, plan to live in Stawell West indefinitely or otherwise have the ability to supply proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been married 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 have 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 actually or was adopted or who is dealt with as a member of that household, and under the age of 18.
Once a Divorce has been given the Divorce becomes reliable one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this duration may be granted in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Stawell West
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 start of any Court procedures the parties are needed to go to, take part and make a real effort in fixing any parenting concerns at a household disagreement 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 Approval Orders. If no agreement can be reached, further settlements can be set up with the help of solicitor, arbitrators and counsellors Stawell West.
If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must regard the best interests of the child as the critical consideration.
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 involvement in their lives, to the optimum extent consistent with the very best interest of the child; and
protecting the children from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and
ensuring that kids receive adequate and appropriate parenting to help them accomplish their complete potential; and
guaranteeing that parents satisfy their responsibilities, and satisfy their responsibilities, concerning the care, welfare and development of their kids.
There are other aspects that the Court may take into consideration in any particular scenarios.
Why Choose Our Child Custody Lawyers Stawell West VIC
We are passionate about offering a specialty Family Law service Stawell West that welcomes you, understands you and shows you empathy in challenging times. Find out why you can be assured of our commitment to your legal requirements.