Accredited Family Law & Separation Specialists In Ringwood
We know family law. Our Family Solicitors Ringwood have actually represented numerous family law clients for many years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having specific knowledge in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you obtain the very best possible outcome. If you are seeking to engage the services of a few of the very best family solicitors Ringwood has to offer, then look no more. When engaging one of our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Ringwood, the Family Law Act 1975 developed 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 abandonment are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is generally 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 available after a 12 month period of separation. This 12 month separation duration is to be a constant period 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 deal with 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 supplied the other with some family services. It may be difficult to develop that separation has actually taken place 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 spouse will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to live in Ringwood indefinitely or otherwise have the ability to provide evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually been married for less than 2 years, the Court requires 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 marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that home, and under the age of 18.
As soon as a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has been made.
As soon as a Divorce has worked, there is only a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this duration may be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Ringwood
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 start of any Court proceedings the parties are required to go to, participate and make a genuine attempt in fixing any parenting concerns at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, further negotiations can be arranged with the support of lawyer, arbitrators and counsellors Ringwood.
If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a dispute 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 relate to the very best interests of the kid as the critical factor to consider.
Inning accordance with 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 parents having a meaningful involvement in their lives, to the optimum level constant with the very best interest of the kid; and
securing the kids from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
making sure that kids get appropriate and proper parenting to help them attain their complete potential; and
guaranteeing that parents satisfy their tasks, and satisfy their obligations, concerning the care, well-being and advancement of their children.
There are other factors that the Court may consider in any particular circumstances.
Why Choose Our Family Lawyers Ringwood VIC
We are passionate regarding offering a specialized Family Law service Ringwood that welcomes you, understands you and also shows you empathy in tough times. Discover why you can be assured of our dedication to your legal needs.