Accredited Family Law & Separation Specialists In Roxburgh Park
We understand family law. Our Child Custody Lawyers Roxburgh Park have represented numerous family law customers throughout the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having particular expertise in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible result. If you are wanting to engage the services of some of the best family solicitors Roxburgh Park has to offer, then look no further. When engaging among our experts, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Roxburgh Park, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, 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 files the application, or a joint application where both parties submit 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 continuous duration and indicates 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 not been separated for more than 12 months.
An application can still be made while the parties are living under the same roof or if one has offered the other with some household services. It may be difficult to develop that separation has taken place in these situations and appropriately 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 need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, mean to live in Roxburgh Park forever or otherwise have the ability to provide 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 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 need to think about that proper plans 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 been approved the Divorce ends up being reliable one month and one day after the Order has actually been made.
When a Divorce has actually worked, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this duration might be approved in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Roxburgh Park
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court procedures the parties are needed to participate in, get involved and make an authentic attempt in dealing with any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be arranged with the support of solicitor, mediators and counsellors Roxburgh Park.
If no agreement can be reached beyond 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 attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to relate to the best interests of the kid as the paramount consideration.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the children have the benefit of both of their parents having a meaningful involvement in their lives, to the optimum level constant with the very best interest of the child; and
securing the children from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and
guaranteeing that children receive sufficient and proper parenting to help them attain their complete potential; and
guaranteeing that moms and dads fulfil their responsibilities, and satisfy their duties, concerning the care, well-being and development of their children.
There are other elements that the Court may take into account in any specific scenarios.
Why Choose Our Child Custody Lawyers Roxburgh Park VIC
We are passionate about offering a specialized Family Law service Roxburgh Park that welcomes you, understands you and shows you empathy in challenging times. Figure out why you can be guaranteed of our commitment to your legal requirements.