Accredited Family Law & Divorce Specialists In Red Cliffs
We know family law. Our Child Custody Solicitors Red Cliffs have represented hundreds of family law clients for many years and act for mums, dads, grandmothers, grandpas, married 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 particular knowledge in divorce, child custody and residential or commercial property division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible result. If you are seeking to engage the services of a few of the very best family lawyers Red Cliffs has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Red Cliffs, the Family Law Act 1975 established 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 abandonment are unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is generally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and suggests more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios 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 offered the other with some family services. It might be tough to establish that separation has happened in these circumstances and accordingly the Court will require 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 need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, mean to live in Red Cliffs forever or otherwise be able to offer proof that you resided in Australian for a minimum of 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 participate in 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 plans have been produced any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that household, and under the age of 18.
Once a Divorce has actually 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 taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Red Cliffs
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are needed to participate in, take part and make an authentic attempt in dealing with any parenting issues at a family conflict resolution conference. Following conclusion 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 Permission Orders. If no agreement can be reached, even more settlements can be arranged with the help of solicitor, conciliators and counsellors Red Cliffs.
If no arrangement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need 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 start of Court proceedings.
In parenting matters, a Court needs to concern the very best interests of the kid as the paramount consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the children have the benefit of both of their parents having a meaningful participation in their lives, to the optimum level constant with the best interest of the child; and
securing the kids from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that children receive adequate and correct parenting to help them accomplish their full potential; and
ensuring that moms and dads fulfil their duties, and fulfill their duties, concerning the care, welfare and advancement of their kids.
There are other factors that the Court may take into account in any specific scenarios.
Why Choose Our Child Custody Lawyers Red Cliffs VIC
We are passionate regarding giving a specialized Family Law service Red Cliffs that welcomes you, understands you and shows you empathy in hard times. Learn why you can be guaranteed of our commitment to your legal demands.