Accredited Family Law & Separation Specialists In Raywood
We know family law. Our Child Custody Solicitors Raywood have represented numerous family law clients over the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having specific expertise 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 possible, then we will represent you expertly throughout the Court procedure so that you get the very best possible result. If you are planning to engage the services of some of the best family lawyers Raywood has to offer, then look no more. 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 Raywood, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates 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 actually 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 marital relationship files the application, or a joint application where both parties file the application together.
An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation period is to be a constant period and suggests 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 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 actually provided the other with some home services. It might be difficult to establish that separation has actually occurred in these circumstances and appropriately the Court will need evidence 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, plan to live in Raywood forever or otherwise have the ability to offer proof that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has actually been wed 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 consider that appropriate plans have actually 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 dealt with as a member of that home, and under the age of 18.
As soon as a Divorce has been given the Divorce becomes reliable one month and one day after the Order has actually been made.
When a Divorce has worked, there is just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration may be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Raywood
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 kid’s life.
Prior to the beginning of any Court procedures the parties are required to attend, get involved and make a real effort in dealing with any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more settlements can be organized with the support of solicitor, mediators and counsellors Raywood.
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 require confirmation that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to relate to the best interests of the child as the critical factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure 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 best interest of the kid; and
protecting the kids from physical and psychological harm and from undergoing, or exposed to, abuse, neglect or family violence; and
making sure that children get appropriate and appropriate parenting to help them accomplish their full potential; and
ensuring that moms and dads fulfil their duties, and fulfill their responsibilities, concerning the care, welfare and development of their kids.
There are other factors that the Court might take into account in any specific circumstances.
Why Choose Our Child Custody Lawyers Raywood VIC
We are passionate about giving a specialty Family Law service Raywood that welcomes you, understands you and shows you empathy in tough times. Find out why you can be assured of our commitment to your legal demands.