Accredited Family Law & Divorce Specialists In Sugarloaf
We know family law. Our Child Custody Solicitors Sugarloaf have represented hundreds of family law clients over the years and act for mums, fathers, grandmothers, grandfathers, married 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 specific competence in divorce, child custody and 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 expertly throughout the Court procedure so that you obtain the very best possible result. If you are wanting to engage the services of some of the very best family legal representatives Sugarloaf has to offer, then look no more. When engaging among our professionals, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Sugarloaf, the Family Law Act 1975 developed 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 abandonment are unimportant. The only ground for Divorce is that the marital relationship has actually 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 submit the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and implies more than physical separation where there is no probability 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 actually offered the other with some family services. It might be tough to develop that separation has happened in these scenarios and accordingly the Court will require 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 need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to live in Sugarloaf indefinitely or otherwise be able to supply proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been married for less than 2 years, the Court needs the parties to attend 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 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 dealt with as a member of that home, and under the age of 18.
When a Divorce has actually been given the Divorce becomes efficient one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is only a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period may be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Sugarloaf
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to attend, get involved and make a real effort in resolving any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more settlements can be organized with the support of lawyer, arbitrators and counsellors Sugarloaf.
If no agreement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require 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 must relate to the best interests of the kid as the critical factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the kids have the advantage of both of their parents having a significant participation in their lives, to the maximum degree constant with the very best interest of the kid; and
protecting the children from physical and psychological damage and from going through, or exposed to, abuse, overlook or family violence; and
making sure that children get adequate and appropriate parenting to assist them achieve their full potential; and
making sure that moms and dads fulfil their tasks, and satisfy their duties, concerning the care, welfare and advancement of their children.
There are other factors that the Court might consider in any specific scenarios.
Why Choose Our Child Custody Lawyers Sugarloaf VIC
We are passionate regarding providing a specialized Family Law service Sugarloaf that welcomes you, understands you as well as shows you empathy in hard times. Learn why you can be guaranteed of our commitment to your legal needs.