Accredited Family Law & Divorce Specialists In Surrey Hills
We understand family law. Our Child Custody Solicitors Surrey Hills have actually represented numerous family law clients throughout the years and act for mums, dads, grandmas, grandpas, 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 know-how in divorce, child custody and residential or commercial property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you acquire the best possible outcome. If you are wanting to engage the services of some of the very best family solicitors Surrey Hills has to offer, then look no more. When engaging among our specialists, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Surrey Hills, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, 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 marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is only readily available 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 likelihood of reconciliation.
The application can be opposed in circumstances where the Court does not have jurisdiction to deal with 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 residing under the exact same roof or if one has actually provided the other with some household services. It may be challenging to establish that separation has actually occurred in these situations and accordingly the Court will need proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, mean to live in Surrey Hills indefinitely or otherwise be able to provide proof that you resided 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 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 home, and under the age of 18.
Once a Divorce has been given the Divorce becomes effective one month and one day after the Order has actually been made.
When a Divorce has actually worked, there is only a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration may be approved in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Surrey Hills
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, get involved and make a genuine attempt in solving any parenting concerns at a family conflict 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 Approval Orders. If no contract can be reached, further negotiations can be arranged with the support of lawyer, conciliators and counsellors Surrey Hills.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must concern the very 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 met by:
ensuring that the kids have the benefit of both of their parents having a significant involvement in their lives, to the optimum degree constant with the best interest of the kid; and
protecting the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that children receive sufficient and correct parenting to help them attain their full potential; and
ensuring that parents satisfy their duties, and fulfill 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 Surrey Hills VIC
We are passionate regarding giving a specialized Family Law service Surrey Hills that welcomes you, understands you as well as shows you empathy in difficult times. Figure out why you can be assured of our commitment to your legal requirements.