Accredited Family Law & Separation Specialists In Harmers Haven
We understand family law. Our Family and Divorce Lawyers Harmers Haven have represented hundreds of family law customers over the years and act for mums, fathers, grandmas, 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 particular competence in divorce, child custody and home division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you obtain the best possible outcome. If you are planning to engage the services of some of the very best family lawyers Harmers Haven has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Harmers Haven, 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 infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship 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 marital relationship 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 period of separation. This 12 month separation period is to be a continuous duration and suggests 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 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 offered the other with some household services. It may be difficult to develop that separation has actually taken place in these scenarios and appropriately the Court will require proof in assistance 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 developed, you or your partner has to regard Australia as your home, plan to live in Harmers Haven indefinitely 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 actually 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 correct plans have actually 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 treated as a member of that family, and under the age of 18.
As soon as a Divorce has actually been granted the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has actually taken effect, there is only a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this period might be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Harmers Haven
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the beginning of any Court procedures the parties are needed to attend, take part and make a real effort in resolving any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more negotiations can be set up with the help of lawyer, mediators and counsellors Harmers Haven.
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 attempted a conflict 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 regard the best interests of the kid as the critical consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
making sure that the kids have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum level constant with the very best interest of the child; and
safeguarding the children from physical and mental damage and from going through, or exposed to, abuse, overlook or family violence; and
making sure that kids receive sufficient and correct parenting to help them attain their full potential; and
making sure that parents satisfy their duties, and fulfill their responsibilities, concerning the care, well-being and advancement of their kids.
There are other factors that the Court may take into account in any particular scenarios.
Why Choose Our Family Lawyers Harmers Haven VIC
We are passionate about providing a specialty Family Law service Harmers Haven that welcomes you, understands you as well as shows you empathy in difficult times. Learn why you can be assured of our dedication to your legal demands.