Accredited Family Law & Divorce Specialists In Hawthorn
We understand family law. Our Family and Divorce Lawyers Hawthorn have represented hundreds of family law clients for many years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having specific know-how in divorce, child custody and home division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you acquire the very best possible outcome. If you are planning to engage the services of some of the very best family solicitors Hawthorn has to offer, then look no more. When engaging among our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Hawthorn, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept 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 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 offered after a 12 month duration of separation. This 12 month separation period is to be a constant period and means more than physical separation where there is no probability of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to deal with 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 living under the exact same roof or if one has supplied the other with some family services. It may be hard to establish that separation has taken place in these situations and accordingly 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 spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, plan to live in Hawthorn forever or otherwise have the ability to supply evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has 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 actually or was adopted or who is dealt with as a member of that family, and under the age of 18.
When a Divorce has been granted the Divorce ends up being efficient one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is only a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration might be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Hawthorn
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 start of any Court procedures the parties are needed to participate in, participate and make a genuine effort in dealing with any parenting concerns at a household dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, further settlements can be set up with the support of lawyer, arbitrators and counsellors Hawthorn.
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 require confirmation that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to relate to the very best interests of the kid as the paramount consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the kids have the benefit of both of their parents having a significant participation in their lives, to the optimum degree constant with the best interest of the child; and
securing the kids from physical and psychological damage and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids receive adequate and correct parenting to help them attain their full potential; and
guaranteeing that moms and dads fulfil their duties, and fulfill their obligations, concerning the care, welfare and advancement of their kids.
There are other factors that the Court may take into account in any specific scenarios.
Why Choose Our Family Lawyers Hawthorn VIC
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