Accredited Family Law & Divorce Specialists In Harcourt
We know family law. Our Family and Divorce Solicitors Harcourt have actually represented numerous family law clients over the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having specific expertise in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible result. If you are seeking to engage the services of a few of the very best family legal representatives Harcourt has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Harcourt, the Family Law Act 1975 developed 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 allegations 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 filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and means more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations where the Court does not have jurisdiction to handle 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 provided the other with some family services. It may be tough 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 resident by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to reside in Harcourt forever or otherwise have the ability to supply proof 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 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 need to consider that proper plans have been produced 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 household, and under the age of 18.
As soon as a Divorce has been given the Divorce becomes reliable one month and one day after the Order has been made.
Once a Divorce has taken effect, there is just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration may be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Harcourt
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 start of any Court procedures the parties are required to participate in, get involved and make a genuine attempt in dealing with any parenting issues at a household conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Permission Orders. If no agreement can be reached, further negotiations can be organized with the help of lawyer, conciliators and counsellors Harcourt.
If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court should concern the very best interests of the kid as the critical consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum extent consistent with the very best interest of the kid; and
protecting the children from physical and mental damage and from going through, or exposed to, abuse, overlook or family violence; and
making sure that kids get appropriate and correct parenting to assist them achieve their complete potential; and
making sure that parents satisfy their responsibilities, and meet their responsibilities, concerning the care, welfare and development of their children.
There are other elements that the Court might take into account in any specific circumstances.
Why Choose Our Family Lawyers Harcourt VIC
We are passionate regarding offering a specialty Family Law service Harcourt that welcomes you, understands you and also shows you empathy in tough times. Find out why you can be assured of our commitment to your legal needs.