Family Law Advice Romsey VIC

Family Law Advice Romsey VIC

Accredited Family Law & Separation Specialists In Romsey

We understand family law. Our Family Solicitors Romsey have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having specific expertise in divorce, child custody and property division.

We are dedicated 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 procedure so that you acquire the best possible outcome. If you are planning to engage the services of some of the best family solicitors Romsey has to offer, then look no more. When engaging one of our experts, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Romsey, 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 accusations 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 usually filed 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 submit 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 constant duration and suggests more than physical separation where there is no possibility of reconciliation.

The application can be opposed in scenarios 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 residing under the very same roof or if one has provided the other with some home services. It might be challenging to establish that separation has occurred in these situations and appropriately the Court will require evidence 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 resident by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to live in Romsey indefinitely or otherwise have the ability to provide proof that you lived in Australian for at least 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 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 have to consider that correct arrangements have actually 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 dealt with as a member of that home, and under the age of 18.

When a Divorce has been approved the Divorce becomes effective one month and one day after the Order has actually been made.

As soon as a Divorce has actually worked, there is just a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this duration might be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Romsey

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 start of any Court procedures the parties are required to participate in, participate and make an authentic effort in solving any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be set up with the assistance of solicitor, mediators and counsellors Romsey.

If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have actually attempted a dispute resolution conference and are in receipt 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 very best interests of the kid as the paramount factor to consider.

Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are met by:

making sure that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum degree consistent with the best interest of the child; and

protecting the children from physical and psychological damage and from being subjected to, or exposed to, abuse, neglect or family violence; and

ensuring that children get sufficient and correct parenting to assist them accomplish their complete potential; and

guaranteeing that parents satisfy their tasks, and satisfy their obligations, concerning the care, well-being and development of their kids.

There are other factors that the Court might take into account in any specific situations.

Why Choose Our Family Lawyers Romsey VIC

We are passionate about providing a specialized Family Law service Romsey that welcomes you, understands you as well as shows you empathy in tough times. Find out why you can be guaranteed of our commitment to your legal needs.

Business Results 1 - 5 of 0

 

Business Results 1 - 5 of 1

TBA Law Romsey, formerly James Kelleher Lawyers



 

About: admin2018