Accredited Family Law & Divorce Specialists In Rochford
We understand family law. Our Child Custody Lawyers Rochford have represented hundreds of family law customers over the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having particular expertise in divorce, child custody and home division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you acquire the very best possible result. If you are seeking to engage the services of a few of the best family legal representatives Rochford has to offer, then look no further. When engaging among our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Rochford, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is generally 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 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 constant duration and means more than physical separation where there is no likelihood 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 exact same roof or if one has actually supplied the other with some home services. It may be tough to establish that separation has taken place in these scenarios and appropriately the Court will need 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 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 live in Rochford forever or otherwise be able to provide proof that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been wed for less than 2 years, the Court needs 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 have to think about that proper 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 home, and under the age of 18.
As soon as a Divorce has actually been granted the Divorce ends up being effective one month and one day after the Order has actually been made.
Once a Divorce has actually taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this duration may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Rochford
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are needed to go to, participate and make an authentic effort in dealing with any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no contract can be reached, further negotiations can be set up with the support of lawyer, conciliators and counsellors Rochford.
If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to concern the very best interests of the kid as the vital factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the kids have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum extent constant with the best interest of the child; and
safeguarding the children from physical and mental harm and from going through, or exposed to, abuse, neglect or family violence; and
making sure that children receive appropriate and proper parenting to help them achieve their complete potential; and
ensuring that parents fulfil their responsibilities, and satisfy their obligations, concerning the care, well-being and development of their children.
There are other aspects that the Court may take into consideration in any particular scenarios.
Why Choose Our Child Custody Lawyers Rochford VIC
We are passionate regarding giving a specialty Family Law service Rochford that welcomes you, understands you and shows you empathy in difficult times. Find out why you can be assured of our commitment to your legal requirements.