Accredited Family Law & Divorce Specialists In Rawson
We know family law. Our Child Custody Solicitors Rawson have actually 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 knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having particular expertise in divorce, child custody and residential or commercial property 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 expertly throughout the Court procedure so that you get the best possible result. If you are wanting to engage the services of a few of the very best family lawyers Rawson has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Rawson, the Family Law Act 1975 established 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 accusations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is usually submitted 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 period is to be a constant duration and implies 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 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 very same roof or if one has provided the other with some home services. It may be hard to develop that separation has occurred in these circumstances and appropriately 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 partner will have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to reside in Rawson indefinitely or otherwise have the ability to provide proof that you lived 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 or was adopted or who is dealt with as a member of that household, and under the age of 18.
As soon as a Divorce has actually been granted the Divorce ends up being effective one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Rawson
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court procedures the parties are required to attend, participate and make a real attempt in dealing with any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more negotiations can be arranged with the support of solicitor, arbitrators and counsellors Rawson.
If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should regard the best interests of the kid as the vital consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the maximum extent consistent with the very best interest of the child; and
securing the children from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get adequate and correct parenting to help them accomplish their full potential; and
ensuring that moms and dads satisfy their responsibilities, and fulfill their obligations, concerning the care, welfare and advancement of their kids.
There are other elements that the Court might consider in any specific situations.
Why Choose Our Child Custody Lawyers Rawson VIC
We are passionate regarding providing a specialized Family Law service Rawson that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be guaranteed of our commitment to your legal requirements.