Accredited Family Law & Separation Specialists In Rokeby
We know family law. Our Child Custody Solicitors Rokeby have represented hundreds of family law customers for many years and act for mums, fathers, grandmothers, grandpas, 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 specific know-how in divorce, child custody and property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you get the very best possible outcome. If you are planning to engage the services of some of the best family solicitors Rokeby has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Rokeby, 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 adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties file the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation period is to be a constant duration and indicates more than physical separation where there is no possibility of reconciliation.
The application can be opposed in situations 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 household services. It might be difficult to develop that separation has happened in these circumstances and accordingly the Court will need evidence in support 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 resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, mean to reside in Rokeby forever or otherwise be able to supply evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been married 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 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 treated as a member of that household, and under the age of 18.
Once a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has actually been made.
When a Divorce has actually worked, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period may be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Rokeby
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a child’s life.
Prior to the beginning of any Court procedures the parties are needed to participate in, take part and make a genuine effort in dealing with any parenting issues at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further settlements can be organized with the support of lawyer, mediators and counsellors Rokeby.
If no contract can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to regard the very best interests of the child as the critical consideration.
According to section 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 moms and dads having a significant participation in their lives, to the maximum degree consistent with the very best interest of the child; and
protecting the children from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that children get sufficient and proper parenting to help them attain their complete potential; and
ensuring that moms and dads fulfil their tasks, and satisfy their obligations, concerning the care, welfare and development of their kids.
There are other aspects that the Court may take into account in any particular circumstances.
Why Choose Our Child Custody Lawyers Rokeby VIC
We are passionate about giving a specialized Family Law service Rokeby that welcomes you, understands you and also shows you empathy in hard times. Find out why you can be guaranteed of our dedication to your legal demands.