Accredited Family Law & Divorce Specialists In Red Hill South
We know family law. Our Child Custody Solicitors Red Hill South have actually represented numerous family law clients over the years and act for mums, dads, grandmas, grandfathers, 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 specific competence in divorce, child custody and 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 skillfully throughout the Court procedure so that you acquire the best possible result. If you are seeking to engage the services of some of the best family legal representatives Red Hill South 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 marriage.
In Red Hill South, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is generally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and suggests more than physical separation where there is no probability 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 same roof or if one has supplied the other with some household services. It may be tough to establish that separation has taken place in these situations and accordingly 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, mean to live in Red Hill South indefinitely 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 circumstances where a couple has been married for less than 2 years, the Court requires 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 proper arrangements 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 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 actually worked, there is just a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this period might be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Red Hill South
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the beginning of any Court proceedings the parties are required to attend, take part and make a genuine attempt in resolving any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more negotiations can be organized with the support of solicitor, arbitrators and counsellors Red Hill South.
If no arrangement 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 actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must relate to the best interests of the child as the vital consideration.
Inning accordance with section 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 moms and dads having a significant involvement in their lives, to the maximum level constant with the best interest of the child; and
securing the children from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that children get appropriate and appropriate parenting to assist them accomplish their complete potential; and
ensuring that parents satisfy their duties, and meet their responsibilities, concerning the care, well-being and development of their kids.
There are other aspects that the Court might take into account in any specific circumstances.
Why Choose Our Child Custody Lawyers Red Hill South VIC
We are passionate regarding providing a specialized Family Law service Red Hill South that welcomes you, understands you as well as shows you empathy in hard times. Figure out why you can be guaranteed of our dedication to your legal demands.