Accredited Family Law & Separation Specialists In Rockbank
We understand family law. Our Child Custody Lawyers Rockbank have represented hundreds of family law customers over the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having specific know-how 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 obtain the best possible result. If you are looking to engage the services of some of the very best family legal representatives Rockbank has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Rockbank, 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 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 normally 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 only available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and suggests more than physical separation where there is no likelihood 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 actually provided the other with some family services. It may be hard to establish that separation has actually happened in these scenarios and accordingly 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 have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, mean to live in Rockbank indefinitely or otherwise be able to supply proof that you lived in Australian for at least 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 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 consider that proper plans have 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 home, and under the age of 18.
Once a Divorce has been approved the Divorce ends up being effective one month and one day after the Order has actually been made.
As soon as a Divorce has actually worked, there is only a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Rockbank
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 beginning of any Court procedures the parties are needed to go to, participate and make an authentic effort in resolving any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further negotiations can be organized with the support of lawyer, arbitrators and counsellors Rockbank.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must relate to the very best interests of the kid as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied 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 degree constant with the best interest of the child; and
securing the children from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
making sure that children get sufficient and appropriate parenting to assist them accomplish their full potential; and
guaranteeing that parents satisfy their tasks, and fulfill their responsibilities, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court might take into account in any specific situations.
Why Choose Our Child Custody Lawyers Rockbank VIC
We are passionate regarding offering a specialty Family Law service Rockbank that welcomes you, understands you as well as shows you empathy in difficult times. Figure out why you can be assured of our commitment to your legal needs.