Accredited Family Law & Divorce Specialists In Runnymede
We know family law. Our Child Custody Lawyers Runnymede 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 solicitors can represent you in all aspects of family law, having specific expertise in divorce, child custody and property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you obtain the best possible outcome. If you are aiming to engage the services of a few of the very best family legal representatives Runnymede has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Runnymede, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are irrelevant. 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 file the application together.
An application for Divorce is only offered 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 probability of reconciliation.
The application can be opposed in scenarios 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 same roof or if one has provided the other with some home services. It might be hard to develop that separation has happened in these situations and appropriately the Court will require 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 need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, mean to live in Runnymede forever or otherwise be able to provide evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been wed for less than 2 years, the Court requires 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 correct arrangements 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 treated as a member of that family, and under the age of 18.
Once a Divorce has actually been granted the Divorce becomes effective one month and one day after the Order has actually been made.
As soon as a Divorce has actually taken effect, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period might be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Runnymede
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a child’s life.
Prior to the beginning of any Court proceedings the parties are needed to attend, participate and make an authentic effort in dealing with any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no arrangement can be reached, further negotiations can be arranged with the support of solicitor, mediators and counsellors Runnymede.
If no arrangement 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 tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should concern the best interests of the child as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the kids have the advantage of both of their moms and dads having a meaningful participation in their lives, to the optimum level consistent with the best interest of the child; and
protecting the kids from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
ensuring that kids receive adequate and appropriate parenting to assist them accomplish their full potential; and
ensuring that parents satisfy their tasks, and fulfill their duties, concerning the care, well-being and development of their kids.
There are other elements that the Court may take into account in any particular situations.
Why Choose Our Child Custody Lawyers Runnymede VIC
We are passionate regarding giving a specialty Family Law service Runnymede that welcomes you, understands you as well as shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal needs.