Accredited Family Law & Separation Specialists In Richmond Plains
We know family law. Our Child Custody Lawyers Richmond Plains have represented numerous family law customers over the years and act for mums, dads, grandmas, grandfathers, married 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 residential or commercial property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you get the very best possible outcome. If you are seeking to engage the services of some of the very best family solicitors Richmond Plains has to offer, then look no further. When engaging among our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Richmond Plains, 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 desertion are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is usually filed 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 file the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and indicates 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 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 same roof or if one has supplied the other with some family services. It may be challenging to establish that separation has actually happened in these scenarios and appropriately the Court will require proof in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to reside in Richmond Plains indefinitely or otherwise have the ability to provide proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has actually been married for less than 2 years, the Court requires the parties to go to 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 think about that appropriate plans have 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 family, and under the age of 18.
As soon as a Divorce has actually been given the Divorce becomes reliable one month and one day after the Order has actually been made.
Once 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 granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Richmond Plains
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 commencement of any Court proceedings the parties are required to go to, participate and make an authentic effort in fixing any parenting concerns at a family dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to 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 assistance of solicitor, arbitrators and counsellors Richmond Plains.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court should regard the best interests of the child as the vital consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:
ensuring that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the maximum degree constant with the very best interest of the kid; and
safeguarding the children from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids get appropriate and correct parenting to assist them accomplish their full potential; and
ensuring that moms and dads fulfil their duties, and fulfill their duties, concerning the care, well-being and advancement of their kids.
There are other elements that the Court might consider in any specific situations.
Why Choose Our Child Custody Lawyers Richmond Plains VIC
We are passionate regarding giving a specialized Family Law service Richmond Plains that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be assured of our commitment to your legal requirements.