Accredited Family Law & Separation Specialists In Robertsons Beach
We know family law. Our Child Custody Solicitors Robertsons Beach have actually represented numerous family law clients for many years and act for mums, dads, grandmothers, grandfathers, 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 specific knowledge in divorce, child custody and residential or commercial property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you obtain the very best possible result. If you are planning to engage the services of some of the best family lawyers Robertsons Beach 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 marital relationship.
In Robertsons Beach, the Family Law Act 1975 developed 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 allegations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is usually submitted 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 just offered after a 12 month period of separation. This 12 month separation period is to be a continuous period and suggests more than physical separation where there is no possibility 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 actually not been separated for more than 12 months.
An application can still be made while the parties are living under the very same roof or if one has actually supplied the other with some family services. It may be hard to develop that separation has occurred in these circumstances and appropriately the Court will require proof 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 needs to regard Australia as your home, intend to reside in Robertsons Beach indefinitely or otherwise have the ability to supply proof that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been married 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 have to think about that appropriate arrangements have actually been produced 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.
As soon as a Divorce has actually been approved the Divorce ends up being reliable one month and one day after the Order has been made.
Once a Divorce has actually taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period might be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Robertsons Beach
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 start of any Court procedures the parties are required to go to, get involved and make a genuine effort in fixing any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more negotiations can be organized with the help of solicitor, mediators and counsellors Robertsons Beach.
If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must concern the very best interests of the child as the vital factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the children have the advantage of both of their moms and dads having a significant involvement in their lives, to the maximum extent constant with the very best interest of the kid; and
protecting the children from physical and psychological damage and from going through, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids receive appropriate and proper parenting to help them attain their complete potential; and
guaranteeing that moms and dads satisfy their duties, and satisfy their duties, concerning the care, welfare and development of their kids.
There are other factors that the Court may take into consideration in any specific situations.
Why Choose Our Child Custody Lawyers Robertsons Beach VIC
We are passionate regarding providing a specialty Family Law service Robertsons Beach that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal requirements.