Accredited Family Law & Separation Specialists In Redesdale
We know family law. Our Child Custody Solicitors Redesdale have represented hundreds of family law customers for many years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific competence in divorce, child custody and home division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible result. If you are planning to engage the services of a few of the very best family legal representatives Redesdale has to offer, then look no more. When engaging among our specialists, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Redesdale, 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 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 typically filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties file the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation duration is to be a continuous period and implies more than physical separation where there is no likelihood 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 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 may be challenging to develop 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 duration of 12 months of separation, either you or your partner will need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, mean to reside in Redesdale forever or otherwise be able to provide proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been married 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 correct plans have been produced any child of the marriage, 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.
When a Divorce has been given the Divorce ends up being reliable one month and one day after the Order has been made.
As soon as a Divorce has worked, there is just a 12 month period in which to file 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 Redesdale
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the beginning of any Court proceedings the parties are required to go to, take part and make an authentic attempt in fixing any parenting concerns at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, even more settlements can be organized with the help of solicitor, arbitrators and counsellors Redesdale.
If no agreement 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 tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to regard the best interests of the child as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the kids have the benefit of both of their parents having a significant involvement in their lives, to the maximum level consistent with the best interest of the child; and
safeguarding the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids get adequate and appropriate parenting to help them accomplish their full potential; and
making sure that parents satisfy their duties, and meet their responsibilities, concerning the care, well-being and advancement of their kids.
There are other elements that the Court may take into consideration in any particular situations.
Why Choose Our Child Custody Lawyers Redesdale VIC
We are passionate regarding offering a specialized Family Law service Redesdale that welcomes you, understands you as well as shows you empathy in hard times. Learn why you can be assured of our dedication to your legal requirements.