Accredited Family Law & Divorce Specialists In Swan Island
We know family law. Our Child Custody Lawyers Swan Island have actually represented hundreds of family law customers 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 solicitors can represent you in all aspects of family law, having particular knowledge in divorce, child custody and home division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you get the best possible result. If you are aiming to engage the services of a few of the very best family solicitors Swan Island has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Swan Island, 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 adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is usually filed 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 only available after a 12 month period of separation. This 12 month separation period is to be a continuous period and means more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to handle 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 residing under the very same roof or if one has provided the other with some home services. It may be difficult to establish that separation has occurred in these circumstances and appropriately 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 developed, you or your partner has to regard Australia as your home, plan to reside in Swan Island indefinitely or otherwise have the ability to offer proof that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been wed for less than 2 years, the Court needs 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 need to consider that correct plans have actually been produced any child of the marriage, 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.
When a Divorce has actually been granted the Divorce ends up being efficient 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 maintenance. An extension to this period might be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Swan Island
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are needed to attend, take part and make a genuine effort in dealing with any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of 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 help of solicitor, arbitrators and counsellors Swan Island.
If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should relate to the very best interests of the kid as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum extent constant with the best interest of the kid; and
safeguarding the children from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
making sure that kids receive appropriate and correct parenting to assist them attain their complete potential; and
ensuring that moms and dads satisfy their tasks, and fulfill their responsibilities, concerning the care, welfare and development of their children.
There are other aspects that the Court may take into consideration in any specific situations.
Why Choose Our Child Custody Lawyers Swan Island VIC
We are passionate about offering a specialty Family Law service Swan Island that welcomes you, understands you and also shows you empathy in challenging times. Figure out why you can be assured of our commitment to your legal requirements.