Accredited Family Law & Divorce Specialists In Ravenhall
We know family law. Our Child Custody Lawyers Ravenhall have actually represented numerous family law clients throughout the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular proficiency in divorce, child custody and home division.
We are dedicated 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 obtain the best possible outcome. If you are seeking to engage the services of a few of the best family solicitors Ravenhall has to offer, then look no more. When engaging among our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Ravenhall, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies 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 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 available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and means 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 handle 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 living under the very same roof or if one has actually supplied the other with some home services. It may be tough to establish that separation has taken place in these circumstances and accordingly the Court will require evidence in support 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 resident by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to reside in Ravenhall forever or otherwise be able to offer evidence that you resided in Australian for a minimum of 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 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 consider that appropriate plans have been produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that family, and under the age of 18.
As soon as a Divorce has been granted the Divorce ends up being efficient one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Ravenhall
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to participate in, take part and make a genuine attempt in resolving any parenting problems at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be arranged with the help of lawyer, mediators and counsellors Ravenhall.
If no contract can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted 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 needs to relate to the best interests of the kid as the vital consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are met by:
ensuring that the kids have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum extent consistent with the best interest of the child; and
securing the children from physical and psychological damage and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that kids receive appropriate and correct parenting to assist them achieve their complete potential; and
ensuring that parents satisfy their duties, and fulfill their obligations, concerning the care, well-being and advancement of their kids.
There are other factors that the Court may consider in any particular circumstances.
Why Choose Our Child Custody Lawyers Ravenhall VIC
We are passionate about giving a specialized Family Law service Ravenhall that welcomes you, understands you and shows you empathy in tough times. Figure out why you can be guaranteed of our commitment to your legal requirements.