Accredited Family Law & Separation Specialists In Ringwood North
We know family law. Our Child Custody Lawyers Ringwood North have actually represented hundreds of family law customers for many years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having particular expertise in divorce, child custody and property division.
We are devoted to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you acquire the very best possible result. If you are aiming to engage the services of a few of the best family solicitors Ringwood North has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Ringwood North, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is typically filed 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 indicates 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 living under the exact same roof or if one has actually supplied the other with some home services. It may be difficult to develop that separation has taken place in these scenarios and accordingly the Court will need proof in assistance 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to live in Ringwood North forever or otherwise have the ability to provide evidence 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 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 have to think about that proper plans have actually been made for any child of the marriage, 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.
Once a Divorce has been granted the Divorce ends up being reliable one month and one day after the Order has been made.
When a Divorce has actually worked, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration might be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Ringwood North
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 beginning of any Court proceedings the parties are needed to go to, participate and make a genuine attempt in fixing 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 terms of that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more negotiations can be arranged with the assistance of lawyer, conciliators and counsellors Ringwood North.
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 tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must relate to the best interests of the child as the vital consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum degree consistent with the best interest of the child; and
safeguarding the kids from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that children get appropriate and correct parenting to help them attain their full potential; and
guaranteeing that moms and dads fulfil their duties, and meet their responsibilities, concerning the care, welfare and development of their kids.
There are other factors that the Court may take into account in any particular situations.
Why Choose Our Child Custody Lawyers Ringwood North VIC
We are passionate regarding providing a specialized Family Law service Ringwood North that welcomes you, understands you and shows you empathy in tough times. Find out why you can be guaranteed of our dedication to your legal requirements.