Accredited Family Law & Divorce Specialists In Red Lion
We understand family law. Our Child Custody Lawyers Red Lion have represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandpas, 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 home division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not attainable, 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 best family solicitors Red Lion has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Red Lion, 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 usually filed 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 available after a 12 month period of separation. This 12 month separation period is to be a constant duration and means 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 actually 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 household services. It might be difficult to establish that separation has happened in these circumstances 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 partner will have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to live in Red Lion indefinitely or otherwise have the ability to supply proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually been wed 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 need 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 or was adopted or who is dealt with as a member of that household, and under the age of 18.
Once a Divorce has actually been approved the Divorce ends up being reliable one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration may be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Red Lion
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 required to attend, take part and make an authentic attempt in dealing with any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no arrangement can be reached, further negotiations can be arranged with the help of solicitor, arbitrators and counsellors Red Lion.
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 need verification that the parties have attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to concern the best interests of the kid as the critical consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the children have the benefit of both of their parents having a significant participation in their lives, to the maximum degree constant with the best interest of the child; and
safeguarding the children from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get adequate and proper parenting to assist them attain their complete potential; and
making sure that moms and dads fulfil their duties, and fulfill their obligations, concerning the care, well-being and advancement of their kids.
There are other factors that the Court may take into consideration in any particular scenarios.
Why Choose Our Child Custody Lawyers Red Lion VIC
We are passionate regarding providing a specialized Family Law service Red Lion that welcomes you, understands you and shows you empathy in difficult times. Find out why you can be guaranteed of our commitment to your legal demands.