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Divorce Lawyer Hampton VIC

Divorce Lawyer Hampton VIC

Accredited Family Law & Divorce Specialists In Hampton

We know family law. Our Family and Divorce Solicitors Hampton have represented hundreds of family law customers for many years and act for mums, dads, grandmas, grandfathers, 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 particular knowledge in divorce, child custody and property division.

We are devoted to helping you settle your matter as rapidly 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 a few of the very best family legal representatives Hampton has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Hampton, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is normally 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 period of separation. This 12 month separation period is to be a constant duration and indicates more than physical separation where there is no possibility 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 living under the same roof or if one has offered the other with some family services. It may be challenging to establish that separation has happened in these scenarios and appropriately the Court will require proof in assistance of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your partner will need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to reside in Hampton forever or otherwise be able to supply evidence that you resided 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 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 proper 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 treated as a member of that family, and under the age of 18.

As soon as a Divorce has been granted the Divorce becomes effective one month and one day after the Order has been made.

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

Parenting Orders Hampton

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

Prior to the beginning of any Court proceedings the parties are required to go to, get involved and make a real attempt in dealing with any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If a contract is reached the regards to that contract can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be set up with the support of solicitor, arbitrators and counsellors Hampton.

If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.

In parenting matters, a Court should concern 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 satisfied by:

making sure that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum extent constant with the best interest of the kid; and

safeguarding the children from physical and psychological harm and from going through, or exposed to, abuse, overlook or family violence; and

guaranteeing that kids receive appropriate and proper parenting to help them achieve their full potential; and

ensuring that parents satisfy their tasks, and fulfill their responsibilities, concerning the care, welfare and development of their kids.

There are other factors that the Court may consider in any particular scenarios.

Why Choose Our Family Lawyers Hampton VIC

We are passionate about giving a specialty Family Law service Hampton that welcomes you, understands you and also shows you empathy in tough times. Find out why you can be guaranteed of our commitment to your legal demands.

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