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Divorce Lawyer Hamlyn Heights VIC

Divorce Lawyer Hamlyn Heights VIC

Accredited Family Law & Divorce Specialists In Hamlyn Heights

We know family law. Our Family and Divorce Lawyers Hamlyn Heights have actually represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having particular knowledge in divorce, child custody and home division.

We are committed to assisting 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 acquire the best possible result. If you are seeking to engage the services of some of the best family solicitors Hamlyn Heights has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Hamlyn Heights, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations 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 generally filed 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 just readily available after a 12 month period of separation. This 12 month separation period is to be a constant duration and suggests 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 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 offered the other with some family services. It may be tough to develop that separation has taken place in these circumstances 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 need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, mean to live in Hamlyn Heights indefinitely or otherwise have the ability to provide evidence that you lived in Australian for at least 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 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 appropriate arrangements have been produced 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 household, and under the age of 18.

As soon as a Divorce has actually been granted the Divorce ends up being reliable one month and one day after the Order has been made.

Once a Divorce has taken effect, there is only a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this period might be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Hamlyn Heights

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 commencement of any Court procedures the parties are needed to participate in, get involved and make a real attempt in resolving any parenting concerns at a household dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an agreement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be arranged with the support of lawyer, conciliators and counsellors Hamlyn Heights.

If no agreement can be reached beyond 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 tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.

In parenting matters, a Court needs to regard the best interests of the child as the vital factor to consider.

According to section 60B of the Family Law Act 1975, the best interests of the children are met by:

making sure that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum degree consistent with the very best interest of the child; and

safeguarding the kids from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and

making sure that children get appropriate and proper parenting to assist them attain their complete potential; and

ensuring that moms and dads satisfy their tasks, and fulfill their obligations, concerning the care, welfare and advancement of their children.

There are other aspects that the Court might take into consideration in any particular circumstances.

Why Choose Our Family Lawyers Hamlyn Heights VIC

We are passionate about providing a specialty Family Law service Hamlyn Heights that welcomes you, understands you and also shows you empathy in tough times. Figure out why you can be assured of our commitment to your legal needs.

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166a Ryrie St, Geelong Victoria 3220, Australia

 
 

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