Accredited Family Law & Divorce Specialists In Rochester
We understand family law. Our Child Custody Lawyers Rochester have actually represented numerous family law customers throughout the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having specific expertise in divorce, child custody and property division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you acquire the best possible outcome. If you are seeking to engage the services of some of the very best family lawyers Rochester has to offer, then look no further. When engaging among our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Rochester, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle 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 irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is normally 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 submit the application together.
An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous period and means 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 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 residing under the very same roof or if one has provided the other with some family services. It might be tough to establish that separation has taken place in these circumstances and appropriately the Court will need evidence in support 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 needs to regard Australia as your home, plan to reside in Rochester forever or otherwise have the ability to supply proof that you resided 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 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 think about that correct arrangements have been produced any child of the marital relationship, 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 been approved the Divorce becomes 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 period where to file an application for property/financial and spousal maintenance. An extension to this period may be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Rochester
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 beginning of any Court proceedings the parties are required to go to, get involved and make a real effort in resolving any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be set up with the support of solicitor, arbitrators and counsellors Rochester.
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 require verification that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must regard the best interests of the child as the critical factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum level consistent with the best interest of the kid; and
securing the kids from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and
making sure that kids receive adequate and proper parenting to help them achieve their full potential; and
guaranteeing that moms and dads satisfy their duties, and meet their responsibilities, concerning the care, well-being and development of their children.
There are other factors that the Court might take into account in any specific scenarios.
Why Choose Our Child Custody Lawyers Rochester VIC
We are passionate regarding offering a specialty Family Law service Rochester that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be assured of our dedication to your legal demands.