Accredited Family Law & Divorce Specialists In Murray-Sunset
We know family law. Our Family Solicitors Murray-Sunset have represented numerous family law clients throughout the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having particular proficiency in divorce, child custody and property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you acquire the very best possible result. If you are planning to engage the services of some of the very best family solicitors Murray-Sunset has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Murray-Sunset, the Family Law Act 1975 established 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 adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally submitted 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 available after a 12 month duration of separation. This 12 month separation duration is to be a continuous 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 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 offered the other with some home services. It may be challenging to develop that separation has happened in these situations and accordingly the Court will require 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 developed, you or your spouse has to regard Australia as your home, intend to reside in Murray-Sunset forever or otherwise be able to supply proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has actually been married 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 marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, and under the age of 18.
When a Divorce has been given the Divorce becomes reliable one month and one day after the Order has actually been made.
When a Divorce has actually worked, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period might be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Murray-Sunset
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the commencement of any Court proceedings the parties are required to attend, participate and make a genuine effort in dealing with any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no arrangement can be reached, further negotiations can be organized with the support of lawyer, mediators and counsellors Murray-Sunset.
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 dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court must concern the best interests of the kid as the vital factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are met by:
ensuring that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the optimum degree constant with the very best interest of the kid; and
safeguarding the children from physical and mental damage and from going through, or exposed to, abuse, overlook or family violence; and
making sure that children get adequate and correct parenting to help them accomplish their full potential; and
making sure that parents fulfil their duties, and meet their duties, concerning the care, welfare and development of their kids.
There are other factors that the Court might consider in any particular scenarios.
Why Choose Our Family Lawyers Murray-Sunset VIC
We are passionate regarding providing a specialized Family Law service Murray-Sunset that welcomes you, understands you and shows you empathy in tough times. Figure out why you can be guaranteed of our dedication to your legal demands.