Accredited Family Law & Divorce Specialists In Riggs Creek
We know family law. Our Child Custody Solicitors Riggs Creek have represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having specific proficiency in divorce, child custody and property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you acquire the best possible outcome. If you are aiming to engage the services of some of the best family legal representatives Riggs Creek has to offer, then look no more. When engaging among our professionals, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Riggs Creek, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation period is to be a continuous duration and implies more than physical separation where there is no probability 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 actually 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 actually provided the other with some household services. It might be difficult to establish that separation has actually happened in these situations and appropriately the Court will need evidence in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to live in Riggs Creek indefinitely or otherwise be able to provide evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been wed 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 correct plans have actually been produced any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that home, and under the age of 18.
Once a Divorce has actually been approved the Divorce ends up being effective one month and one day after the Order has actually been made.
When 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 duration may be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Riggs Creek
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the start of any Court proceedings the parties are required to participate in, get involved and make a genuine attempt in solving any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, further negotiations can be arranged with the support of lawyer, conciliators and counsellors Riggs Creek.
If no arrangement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to concern the best interests of the kid as the critical consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the kids have the advantage of both of their parents having a significant participation in their lives, to the optimum extent consistent with the very best interest of the child; and
protecting the kids from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
making sure that kids get sufficient and correct parenting to help them attain their complete potential; and
ensuring that moms and dads fulfil their responsibilities, and meet their responsibilities, concerning the care, well-being and development of their children.
There are other factors that the Court might consider in any particular scenarios.
Why Choose Our Child Custody Lawyers Riggs Creek VIC
We are passionate regarding offering a specialized Family Law service Riggs Creek that welcomes you, understands you as well as shows you empathy in tough times. Figure out why you can be assured of our dedication to your legal demands.