Accredited Family Law & Separation Specialists In Redcastle
We know family law. Our Child Custody Solicitors Redcastle have actually represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, 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 particular proficiency in divorce, child custody and property division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you obtain the very best possible result. If you are seeking to engage the services of a few of the best family lawyers Redcastle has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Redcastle, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has 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 period is to be a continuous duration and indicates more than physical separation where there is no probability 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 exact same roof or if one has offered the other with some family services. It might be difficult to develop that separation has occurred in these situations and appropriately the Court will need proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, mean to reside in Redcastle forever or otherwise be able to supply proof that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been wed 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 correct 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.
Once a Divorce has been approved the Divorce ends up being effective one month and one day after the Order has been made.
Once a Divorce has actually taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Redcastle
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court proceedings the parties are needed to participate in, get involved and make a real effort in fixing any parenting problems at a family dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more settlements can be set up with the support of solicitor, mediators and counsellors Redcastle.
If no contract can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to relate to the best interests of the child as the critical consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the children have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum level constant with the best interest of the kid; and
protecting the kids from physical and psychological harm and from going through, or exposed to, abuse, overlook or family violence; and
guaranteeing that children get appropriate and appropriate parenting to help them achieve their full potential; and
guaranteeing that parents satisfy their tasks, and meet their obligations, concerning the care, welfare and advancement of their kids.
There are other elements that the Court might take into account in any specific situations.
Why Choose Our Child Custody Lawyers Redcastle VIC
We are passionate regarding providing a specialized Family Law service Redcastle that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be guaranteed of our dedication to your legal demands.