Accredited Family Law & Divorce Specialists In Riddells Creek
We know family law. Our Child Custody Solicitors Riddells Creek have actually represented hundreds of family law clients throughout the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having particular competence 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 procedure so that you acquire the very best possible result. If you are wanting to engage the services of some of the best family lawyers Riddells Creek has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Riddells Creek, 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 infidelity, violence or abandonment are irrelevant. 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 marital relationship submits the application, or a joint application where both parties file the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and indicates more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to deal with 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 offered the other with some household services. It may be difficult to establish that separation has actually occurred in these circumstances and appropriately the Court will require proof in assistance 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 person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to reside in Riddells Creek indefinitely or otherwise be able to provide evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has actually been wed for less than 2 years, the Court needs 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 need to think about that proper plans have actually been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that household, and under the age of 18.
When a Divorce has been approved the Divorce ends up being reliable one month and one day after the Order has been made.
When a Divorce has worked, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration may be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Riddells Creek
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the start of any Court proceedings the parties are needed to participate in, take part and make a genuine effort in dealing with any parenting issues at a household 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 set up with the assistance of lawyer, arbitrators and counsellors Riddells Creek.
If no arrangement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must concern the best interests of the kid as the critical factor to consider.
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 parents having a meaningful participation in their lives, to the optimum extent constant with the best interest of the kid; and
protecting the kids from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
ensuring that kids get sufficient and proper parenting to assist them achieve their complete potential; and
ensuring that moms and dads fulfil their tasks, and meet their duties, concerning the care, well-being and development of their children.
There are other elements that the Court might take into consideration in any particular situations.
Why Choose Our Child Custody Lawyers Riddells Creek VIC
We are passionate regarding providing a specialized Family Law service Riddells Creek that welcomes you, understands you as well as shows you empathy in challenging times. Learn why you can be assured of our dedication to your legal demands.