Accredited Family Law & Divorce Specialists In Rubicon
We know family law. Our Child Custody Solicitors Rubicon have actually represented numerous family law clients over the years and act for mums, dads, grandmas, 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 know-how in divorce, child custody and residential or commercial property division.
We are committed 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 process so that you get the best possible outcome. If you are wanting to engage the services of some of the best family legal representatives Rubicon has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Rubicon, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally submitted 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 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 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 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 actually provided the other with some home services. It may be tough to establish that separation has taken place in these circumstances and appropriately the Court will need evidence in assistance of the application.
In addition to the requirements of a period 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 spouse has to regard Australia as your home, plan to reside in Rubicon forever or otherwise be able to provide proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has been married for less than 2 years, the Court requires 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 consider that proper plans have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that family, and under the age of 18.
When a Divorce has been given the Divorce ends up being efficient 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 in which to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Rubicon
Applications for Parenting Orders can be brought by either or both of the parents, 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 a real effort in fixing any parenting issues at a household disagreement resolution conference. Following conclusion 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 Authorization Orders. If no agreement can be reached, even more settlements can be set up with the help of lawyer, mediators and counsellors Rubicon.
If no contract can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to concern the best interests of the kid as the vital consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
making sure that the kids have the advantage of both of their parents having a significant participation in their lives, to the optimum degree constant with the best interest of the child; and
safeguarding the children from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids get appropriate and appropriate parenting to assist them attain their full potential; and
ensuring that moms and dads fulfil their tasks, and satisfy their responsibilities, concerning the care, welfare and development of their kids.
There are other aspects that the Court might take into consideration in any particular situations.
Why Choose Our Child Custody Lawyers Rubicon VIC
We are passionate regarding offering a specialized Family Law service Rubicon that welcomes you, understands you and also shows you empathy in tough times. Figure out why you can be guaranteed of our commitment to your legal demands.