Accredited Family Law & Separation Specialists In Rokeby
We know family law. Our Family Lawyers Rokeby have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having specific expertise in divorce, child custody and property division.
We are committed 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 get the best possible result. If you are planning to engage the services of some of the best family lawyers Rokeby has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Rokeby, the Family Law Act 1975 established 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 allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is generally 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 file 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 suggests more than physical separation where there is no likelihood 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 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 might be difficult to establish that separation has actually taken place in these circumstances and appropriately the Court will need 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 developed, you or your partner has to regard Australia as your home, mean to reside in Rokeby indefinitely or otherwise have the ability to provide proof that you resided 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 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 plans have been made for any child of the marriage, 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.
As soon as a Divorce has actually been approved the Divorce becomes efficient one month and one day after the Order has actually been made.
As soon as a Divorce has actually taken effect, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period might be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Rokeby
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 commencement of any Court procedures the parties are required to attend, participate and make a genuine attempt in fixing any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, further settlements can be arranged with the assistance of solicitor, arbitrators and counsellors Rokeby.
If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should concern the best interests of the kid as the paramount consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the maximum extent consistent with the best interest of the child; and
securing the kids from physical and psychological damage and from going through, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids get adequate and proper parenting to help them attain their complete potential; and
guaranteeing that moms and dads satisfy their duties, and fulfill their responsibilities, concerning the care, welfare and advancement of their children.
There are other factors that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Rokeby VIC
We are passionate regarding providing a specialty Family Law service Rokeby that welcomes you, understands you as well as shows you empathy in difficult times. Figure out why you can be assured of our dedication to your legal requirements.