Accredited Family Law & Separation Specialists In Summerlands
We understand family law. Our Child Custody Lawyers Summerlands have actually represented numerous family law clients for many years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having specific competence in divorce, child custody and property division.
We are devoted to assisting 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 acquire the best possible result. If you are aiming to engage the services of some of the very best family lawyers Summerlands has to offer, then look no further. When engaging among our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Summerlands, the Family Law Act 1975 established 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 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 marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and suggests more than physical separation where there is no probability 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 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 supplied the other with some family services. It may be hard to establish that separation has actually happened in these situations 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 need 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, mean to live in Summerlands 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 instances where a couple has been married for less than 2 years, the Court requires 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 have to consider that correct plans have actually been produced 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 home, and under the age of 18.
As soon as a Divorce has actually been granted the Divorce ends up being 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 period in which to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Summerlands
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a child’s life.
Prior to the beginning of any Court procedures the parties are required to go to, get involved and make an authentic attempt in fixing any parenting concerns at a household dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be organized with the help of lawyer, conciliators and counsellors Summerlands.
If no arrangement can be reached outside of 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 disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to regard the very best interests of the child as the vital consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the maximum level constant with the best interest of the child; and
securing the children from physical and mental damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that kids get adequate and proper parenting to assist them achieve their full potential; and
making sure that parents satisfy their responsibilities, and fulfill their obligations, concerning the care, welfare and advancement of their children.
There are other elements that the Court might take into consideration in any specific circumstances.
Why Choose Our Child Custody Lawyers Summerlands VIC
We are passionate about providing a specialty Family Law service Summerlands that welcomes you, understands you and shows you empathy in tough times. Find out why you can be guaranteed of our commitment to your legal requirements.