Accredited Family Law & Divorce Specialists In Rathscar
We know family law. Our Child Custody Lawyers Rathscar have actually represented numerous family law clients throughout the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having particular competence in divorce, child custody and home 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 skillfully throughout the Court process so that you get the very best possible result. If you are seeking to engage the services of some of the very best family lawyers Rathscar has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Rathscar, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are unimportant. 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 submit 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 likelihood 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 residing under the exact same roof or if one has supplied the other with some family services. It may be hard to establish that separation has occurred in these scenarios and accordingly the Court will need 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 developed, you or your partner needs to regard Australia as your home, plan to live in Rathscar forever or otherwise have the ability to supply evidence that you resided 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 requires 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 arrangements have actually been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that home, and under the age of 18.
Once a Divorce has actually 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 taken effect, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Rathscar
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 procedures the parties are needed to go to, take part and make a genuine effort in solving any parenting concerns at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement 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 help of solicitor, conciliators and counsellors Rathscar.
If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must regard the very best interests of the child as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the kids have the advantage of both of their moms and dads having a meaningful participation in their lives, to the maximum level consistent with the best interest of the child; and
protecting the children from physical and mental damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive adequate and proper parenting to help them accomplish their full potential; and
making sure that parents fulfil their responsibilities, and satisfy their responsibilities, concerning the care, well-being and development of their kids.
There are other elements that the Court may consider in any specific scenarios.
Why Choose Our Child Custody Lawyers Rathscar VIC
We are passionate regarding giving a specialized Family Law service Rathscar that welcomes you, understands you and also shows you empathy in hard times. Find out why you can be assured of our dedication to your legal needs.