Accredited Family Law & Divorce Specialists In Sunset Strip
We know family law. Our Child Custody Solicitors Sunset Strip have represented numerous family law clients for many years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having particular competence in divorce, child custody and home division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you obtain the best possible outcome. If you are seeking to engage the services of some of the very best family solicitors Sunset Strip has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Sunset Strip, 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 accusations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is normally filed 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 readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and implies 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 deal with the matter or otherwise where the parties to the proceedings have actually 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 actually supplied the other with some home services. It might be challenging to develop that separation has occurred in these situations and accordingly the Court will need evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse 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, intend to reside in Sunset Strip indefinitely or otherwise have the ability to offer 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 been wed 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 have to consider that appropriate arrangements have actually been produced any child of the marriage, 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 family, and under the age of 18.
As soon as a Divorce has actually been granted the Divorce ends up being effective one month and one day after the Order has been made.
As soon as a Divorce has actually 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 granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Sunset Strip
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the commencement of any Court proceedings the parties are required to attend, participate and make an authentic effort in dealing with any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more settlements can be arranged with the support of lawyer, mediators and counsellors Sunset Strip.
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 invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must regard the best interests of the child as the vital factor to consider.
Inning accordance with 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 moms and dads having a meaningful involvement in their lives, to the optimum extent consistent with the best interest of the kid; and
securing the kids from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
ensuring that kids receive adequate and appropriate parenting to assist them achieve their complete potential; and
making sure that parents satisfy their duties, and fulfill their obligations, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court might take into consideration in any particular scenarios.
Why Choose Our Child Custody Lawyers Sunset Strip VIC
We are passionate regarding offering a specialized Family Law service Sunset Strip that welcomes you, understands you as well as shows you empathy in tough times. Figure out why you can be guaranteed of our dedication to your legal requirements.