Call Us 1300 241 740

Divorce Lawyer Hampton East VIC

Divorce Lawyer Hampton East VIC

Accredited Family Law & Divorce Specialists In Hampton East

We know family law. Our Family and Divorce Solicitors Hampton East have represented numerous family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having particular knowledge 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 attainable, then we will represent you expertly throughout the Court process so that you obtain the best possible result. If you are planning to engage the services of a few of the very best family solicitors Hampton East has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Hampton East, 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 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 usually submitted 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 available after a 12 month period of separation. This 12 month separation period is to be a continuous duration and means more than physical separation where there is no probability of reconciliation.

The application can be opposed in circumstances 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 exact same roof or if one has actually provided the other with some home services. It may be difficult to establish that separation has occurred in these circumstances and appropriately the Court will require evidence in support 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 citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to reside in Hampton East forever or otherwise have the ability to offer 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 needs the parties to go to 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 proper arrangements 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 dealt with as a member of that household, and under the age of 18.

Once a Divorce has been given the Divorce becomes efficient one month and one day after the Order has been made.

When 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 duration may be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Hampton East

Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.

Prior to the commencement of any Court procedures the parties are required to participate in, take part and make an authentic attempt in dealing with any parenting issues at a family dispute resolution conference. Following conclusion 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 Permission Orders. If no arrangement can be reached, even more negotiations can be arranged with the help of solicitor, conciliators and counsellors Hampton East.

If no arrangement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.

In parenting matters, a Court needs to regard the 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 children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum level consistent with the best interest of the child; and

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

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

guaranteeing that moms and dads satisfy their responsibilities, and fulfill their duties, concerning the care, welfare and advancement of their children.

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

Why Choose Our Family Lawyers Hampton East VIC

We are passionate regarding giving a specialty Family Law service Hampton East that welcomes you, understands you as well as shows you empathy in challenging times. Figure out why you can be assured of our commitment to your legal requirements.

Business Results 1 - 5 of 1

Dribbin & Brown Criminal Lawyers
1 Reviews
Lawyers
Phone:
441 South Rd, Level 1, Moorabbin Victoria 3189, Australia

 
 

About: admin2018


Call Now ButtonCall Now