Accredited Family Law & Divorce Specialists In Rocklyn
We understand family law. Our Child Custody Solicitors Rocklyn have represented numerous family law customers over the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having particular know-how in divorce, child custody and home division.
We are committed to helping 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 acquire the very best possible result. If you are looking to engage the services of a few of the best family lawyers Rocklyn has to offer, then look no more. When engaging one of our experts, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Rocklyn, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations 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 marriage submits the application, or a joint application where both parties submit 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 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 residing under the same roof or if one has offered the other with some household services. It may be hard to establish that separation has occurred in these circumstances and appropriately the Court will require evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, mean to reside in Rocklyn forever or otherwise be able to offer evidence that you lived in Australian for at least 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 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 correct plans have actually been produced any child of the marriage, 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.
Once a Divorce has been approved the Divorce ends up being effective one month and one day after the Order has actually been made.
Once a Divorce has worked, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period may be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Rocklyn
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 procedures the parties are needed to participate in, take part and make a genuine attempt in fixing any parenting problems at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, even more settlements can be set up with the support of solicitor, conciliators and counsellors Rocklyn.
If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must regard the best interests of the child as the critical factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum degree consistent with the very best interest of the kid; and
securing the children from physical and psychological damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
guaranteeing that children get adequate and correct parenting to assist them attain their full potential; and
guaranteeing that parents fulfil their responsibilities, and meet their responsibilities, concerning the care, well-being and development of their children.
There are other elements that the Court might consider in any specific situations.
Why Choose Our Child Custody Lawyers Rocklyn VIC
We are passionate regarding providing a specialized Family Law service Rocklyn that welcomes you, understands you and shows you empathy in challenging times. Discover why you can be guaranteed of our dedication to your legal needs.