Accredited Family Law & Divorce Specialists In Sylvaterre
We understand family law. Our Child Custody Solicitors Sylvaterre have represented hundreds of family law customers over the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having particular competence in divorce, child custody and property division.
We are dedicated 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 get the very best possible result. If you are wanting to engage the services of a few of the very best family lawyers Sylvaterre has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Sylvaterre, 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 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 submitted 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 offered after a 12 month duration of separation. This 12 month separation period is to be a constant period and implies more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations 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 exact same roof or if one has supplied the other with some household services. It might be challenging to develop that separation has taken place in these situations and appropriately the Court will require proof in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will have to be an Australia resident 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 Sylvaterre indefinitely or otherwise have the ability to provide evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In instances 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 correct plans have 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 dealt with as a member of that family, and under the age of 18.
When a Divorce has actually been given the Divorce ends up being effective one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is only a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Sylvaterre
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 start of any Court proceedings the parties are required to attend, get involved and make a real effort in fixing any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no agreement can be reached, even more settlements can be arranged with the support of solicitor, conciliators and counsellors Sylvaterre.
If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to relate to the best interests of the child as the critical consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum level constant with the very best interest of the kid; and
safeguarding the children from physical and psychological damage and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that children receive appropriate and correct parenting to help them accomplish their full potential; and
guaranteeing that moms and dads satisfy their duties, and fulfill their responsibilities, concerning the care, well-being and development of their kids.
There are other elements that the Court might take into consideration in any specific situations.
Why Choose Our Child Custody Lawyers Sylvaterre VIC
We are passionate about giving a specialty Family Law service Sylvaterre that welcomes you, understands you and shows you empathy in tough times. Find out why you can be assured of our commitment to your legal needs.