Accredited Family Law & Divorce Specialists In Sunshine West
We understand family law. Our Child Custody Solicitors Sunshine West have actually 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 knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific expertise in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you obtain the very best possible result. If you are planning to engage the services of a few of the very best family legal representatives Sunshine West has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Sunshine 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 marriage has 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 file the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation duration 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 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 same roof or if one has supplied the other with some home services. It might be hard to develop that separation has actually occurred in these scenarios and appropriately the Court will require evidence in support of the application.
In addition to the requirements of a period 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 established, you or your spouse needs to regard Australia as your home, mean to reside in Sunshine West forever 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 actually been married for less than 2 years, the Court requires 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 correct arrangements have been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that family, and under the age of 18.
When a Divorce has actually been granted the Divorce ends up being effective one month and one day after the Order has been made.
Once a Divorce has actually taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this period might be given in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Sunshine West
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the beginning of any Court proceedings the parties are needed to go to, participate and make a real attempt in solving any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more settlements can be arranged with the assistance of solicitor, arbitrators and counsellors Sunshine West.
If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must concern the best interests of the child as the critical consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the kids have the benefit of both of their parents having a significant involvement in their lives, to the optimum level consistent with the very best interest of the child; and
securing the kids from physical and psychological harm and from going through, or exposed to, abuse, overlook or family violence; and
ensuring that children get adequate and correct parenting to assist them accomplish their full potential; and
making sure that parents fulfil their duties, and satisfy their duties, concerning the care, welfare and development of their kids.
There are other factors that the Court may consider in any particular scenarios.
Why Choose Our Child Custody Lawyers Sunshine West VIC
We are passionate regarding giving a specialized Family Law service Sunshine West that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal demands.