Accredited Family Law & Separation Specialists In Rokewood
We understand family law. Our Child Custody Lawyers Rokewood have represented hundreds of family law clients over the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having specific proficiency in divorce, child custody and home division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you acquire the best possible outcome. If you are aiming to engage the services of a few of the best family solicitors Rokewood has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Rokewood, the Family Law Act 1975 established 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 infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is typically submitted 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 just readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration 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 exact same roof or if one has offered the other with some household services. It might be difficult to establish that separation has taken place in these circumstances and appropriately the Court will require 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 citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to live in Rokewood 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 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 consider that appropriate 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 dealt with as a member of that home, and under the age of 18.
As soon as a Divorce has actually been given the Divorce becomes efficient one month and one day after the Order has been made.
Once a Divorce has taken effect, there is only a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period might be approved in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Rokewood
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 attend, take part and make an authentic effort in dealing with any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Approval Orders. If no contract can be reached, further negotiations can be organized with the help of solicitor, arbitrators and counsellors Rokewood.
If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to relate to the very best interests of the kid as the critical consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the maximum degree consistent with the very best interest of the kid; and
protecting the children from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that children receive appropriate and correct parenting to help them achieve their full potential; and
ensuring that parents fulfil their tasks, and fulfill their responsibilities, concerning the care, welfare and development of their children.
There are other elements that the Court may consider in any particular circumstances.
Why Choose Our Child Custody Lawyers Rokewood VIC
We are passionate about offering a specialty Family Law service Rokewood that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be assured of our commitment to your legal demands.