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Divorce Lawyer Hampton Park VIC

Divorce Lawyer Hampton Park VIC

Accredited Family Law & Divorce Specialists In Hampton Park

We know family law. Our Family and Divorce Lawyers Hampton Park have represented numerous family law customers for many years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular competence in divorce, child custody and property 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 skillfully throughout the Court process so that you acquire the best possible result. If you are seeking to engage the services of a few of the best family legal representatives Hampton Park has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Hampton Park, 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 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 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 duration of separation. This 12 month separation period is to be a constant duration and implies 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 actually 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 actually offered the other with some family services. It may be challenging to develop that separation has actually taken place in these situations 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 partner will have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, intend to live in Hampton Park forever or otherwise be able to offer proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances where a couple has 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 think about 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.

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

Once a Divorce has actually taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period might be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Hampton Park

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

Prior to the commencement of any Court proceedings the parties are needed to go to, get involved and make a genuine attempt in resolving any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, further settlements can be organized with the support of solicitor, conciliators and counsellors Hampton Park.

If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court must regard the best interests of the child as the vital consideration.

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

ensuring that the children have the advantage of both of their parents having a meaningful participation in their lives, to the optimum degree 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

ensuring that children get adequate and proper parenting to assist them accomplish their full potential; and

making sure that parents fulfil their tasks, and meet their obligations, concerning the care, welfare and advancement of their kids.

There are other elements that the Court may consider in any specific situations.

Why Choose Our Family Lawyers Hampton Park VIC

We are passionate regarding giving a specialized Family Law service Hampton Park that welcomes you, understands you and also shows you empathy in difficult times. Figure out why you can be guaranteed of our commitment to your legal needs.

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