Accredited Family Law & Divorce Specialists In Rocklands
We understand family law. Our Child Custody Solicitors Rocklands have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandpas, 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 assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you acquire the best possible outcome. If you are wanting to engage the services of some of the best family lawyers Rocklands has to offer, then look no further. When engaging among our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Rocklands, 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 allegations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is typically 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 just offered after a 12 month period of separation. This 12 month separation period is to be a constant period and indicates more than physical separation where there is no probability of reconciliation.
The application can be opposed in situations 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 very same roof or if one has offered the other with some household services. It may be hard to develop that separation has actually happened in these situations and accordingly the Court will require proof in assistance 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 spouse needs to regard Australia as your home, intend to live in Rocklands indefinitely or otherwise be able to supply proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has 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 have to consider that correct arrangements have been produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that family, and under the age of 18.
Once a Divorce has been approved the Divorce becomes reliable one month and one day after the Order has actually been made.
When a Divorce has taken effect, there is just a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period might be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Rocklands
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 child’s life.
Prior to the start of any Court proceedings the parties are required to participate in, participate and make an authentic effort in dealing with any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Permission Orders. If no agreement can be reached, even more settlements can be arranged with the assistance of lawyer, arbitrators and counsellors Rocklands.
If no agreement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have actually tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must concern the best interests of the child as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the maximum extent consistent with the very best interest of the child; and
safeguarding the kids from physical and mental harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids receive sufficient and appropriate parenting to assist them accomplish their full potential; and
ensuring that parents satisfy their tasks, and satisfy their obligations, concerning the care, well-being and advancement of their children.
There are other elements that the Court might take into account in any particular situations.
Why Choose Our Child Custody Lawyers Rocklands VIC
We are passionate about providing a specialty Family Law service Rocklands that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal needs.