Accredited Family Law & Divorce Specialists In Reedy Creek
We understand family law. Our Child Custody Solicitors Reedy Creek have represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandfathers, 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 proficiency in divorce, child custody and home 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 skillfully throughout the Court process so that you obtain the best possible result. If you are seeking to engage the services of some of the best family lawyers Reedy Creek has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Reedy Creek, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are irrelevant. 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 files the application, or a joint application where both parties submit the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation period is to be a continuous period and means more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations 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 very same roof or if one has actually offered the other with some home services. It might be hard to develop that separation has actually happened in these situations and accordingly the Court will need proof in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia citizen 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 Reedy Creek forever or otherwise be able to offer evidence that you lived in Australian for at least 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 need to consider that proper plans have been made for any child of the marital relationship, or a child from another relationship, or a child who has actually 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 granted 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 just a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this period might be given in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Reedy Creek
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 proceedings the parties are required to participate in, take part and make a real effort in dealing with any parenting concerns at a family dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be organized with the support of lawyer, arbitrators and counsellors Reedy Creek.
If no agreement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need confirmation 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 commencement of Court procedures.
In parenting matters, a Court should relate to the very best interests of the kid as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the kids have the advantage of both of their parents having a significant involvement in their lives, to the maximum level constant with the best interest of the kid; and
securing the kids from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids receive appropriate and appropriate parenting to help them attain their full potential; and
ensuring that moms and dads fulfil their duties, and fulfill their obligations, concerning the care, welfare and development of their kids.
There are other elements that the Court may take into account in any particular situations.
Why Choose Our Child Custody Lawyers Reedy Creek VIC
We are passionate about offering a specialty Family Law service Reedy Creek that welcomes you, understands you and shows you empathy in challenging times. Figure out why you can be guaranteed of our commitment to your legal needs.