Accredited Family Law & Separation Specialists In Rainbow
We understand family law. Our Child Custody Lawyers Rainbow have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandpas, married 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 home division.
We are dedicated 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 get the best possible outcome. If you are aiming to engage the services of some of the best family solicitors Rainbow 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 Rainbow, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle 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 marital relationship 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 marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and indicates 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 not been separated for more than 12 months.
An application can still be made while the parties are living under the very same roof or if one has supplied the other with some family services. It may be challenging to establish that separation has actually taken place in these situations 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 have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to reside in Rainbow indefinitely or otherwise be able to offer proof that you resided in Australian for at least 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 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 think about that appropriate arrangements have been produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that home, and under the age of 18.
When a Divorce has been approved the Divorce ends up being efficient one month and one day after the Order has actually been made.
Once a Divorce has actually worked, there is only a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this duration may be approved in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Rainbow
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 commencement of any Court proceedings the parties are needed to attend, get involved and make an authentic effort in resolving any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, further negotiations can be organized with the help of lawyer, conciliators and counsellors Rainbow.
If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have actually attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should concern the best interests of the child as the vital 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 parents having a meaningful involvement in their lives, to the maximum level constant with the best interest of the kid; and
securing the kids from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that kids get sufficient and correct parenting to assist them accomplish their complete potential; and
guaranteeing that parents fulfil their duties, and meet their duties, concerning the care, welfare and advancement of their children.
There are other aspects that the Court may take into consideration in any specific scenarios.
Why Choose Our Child Custody Lawyers Rainbow VIC
We are passionate regarding giving a specialized Family Law service Rainbow that welcomes you, understands you as well as shows you empathy in difficult times. Find out why you can be guaranteed of our commitment to your legal requirements.