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Divorce Lawyer Harcourt North VIC

Divorce Lawyer Harcourt North VIC

Accredited Family Law & Divorce Specialists In Harcourt North

We know family law. Our Family and Divorce Lawyers Harcourt North have 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 specific know-how in divorce, child custody and residential or commercial property division.

We are devoted to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you obtain the very best possible outcome. If you are looking to engage the services of a few of the very best family legal representatives Harcourt North has to offer, then look no more. When engaging one of our experts, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Harcourt North, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has 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 marriage submits the application, or a joint application where both parties submit the application together.

An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and indicates more than physical separation where there is no likelihood of reconciliation.

The application can be opposed in circumstances where the Court does not have jurisdiction to handle 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 same roof or if one has actually provided the other with some home services. It might be difficult to develop that separation has actually happened in these situations and appropriately the Court will require proof in support 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 citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, mean to reside in Harcourt North indefinitely or otherwise be able to supply evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances where a couple has been wed 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 have to think about that proper plans have actually been made for any child of the marriage, 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 ends up being effective one month and one day after the Order has been made.

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

Parenting Orders Harcourt North

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

Prior to the start of any Court procedures the parties are required to participate in, get involved and make an authentic attempt in resolving any parenting concerns at a household disagreement resolution conference. Following completion 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 Approval Orders. If no agreement can be reached, even more settlements can be arranged with the support of solicitor, mediators and counsellors Harcourt North.

If no agreement 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 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 must concern the very best interests of the child as the vital consideration.

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

making sure that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum degree consistent with the very best interest of the child; and

safeguarding the children from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and

making sure that children get sufficient and appropriate parenting to help them achieve their complete potential; and

ensuring that parents satisfy their duties, and satisfy their duties, concerning the care, well-being and advancement of their kids.

There are other aspects that the Court may take into consideration in any specific scenarios.

Why Choose Our Family Lawyers Harcourt North VIC

We are passionate about providing a specialty Family Law service Harcourt North that welcomes you, understands you and also shows you empathy in tough times. Find out why you can be assured of our dedication to your legal requirements.

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