Accredited Family Law & Separation Specialists In Hastings
We know family law. Our Family and Divorce Lawyers Hastings have actually represented numerous family law clients over the years and act for mums, dads, grandmothers, grandfathers, 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 particular proficiency in divorce, child custody and residential or commercial property division.
We are devoted to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you obtain the very best possible result. If you are looking to engage the services of a few of the very best family lawyers Hastings has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Hastings, the Family Law Act 1975 developed 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 allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has 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 period of separation. This 12 month separation duration is to be a constant period and means more than physical separation where there is no possibility of reconciliation.
The application can be opposed in scenarios 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 same roof or if one has actually provided the other with some household services. It may be hard to develop that separation has actually happened in these scenarios and appropriately the Court will need 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 need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to live in Hastings forever or otherwise have the ability to provide 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 wed 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 need to consider that appropriate arrangements have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that home, and under the age of 18.
Once a Divorce has actually been given the Divorce ends up being efficient one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is just a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period might be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Hastings
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the beginning of any Court procedures the parties are needed to attend, get involved and make a genuine effort in resolving any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further settlements can be arranged with the assistance of solicitor, arbitrators and counsellors Hastings.
If no arrangement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to regard the very best interests of the child as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the very 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 participation in their lives, to the optimum extent constant with the very best interest of the child; and
protecting the kids from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and
making sure that kids receive appropriate and correct parenting to help them accomplish their full potential; and
guaranteeing that moms and dads fulfil their tasks, and meet their duties, concerning the care, well-being and advancement of their children.
There are other aspects that the Court may take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Hastings VIC
We are passionate about offering a specialized Family Law service Hastings that welcomes you, understands you and also shows you empathy in difficult times. Discover why you can be guaranteed of our dedication to your legal demands.