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Divorce Lawyer Hazel Park VIC

Divorce Lawyer Hazel Park VIC

Accredited Family Law & Separation Specialists In Hazel Park

We understand family law. Our Family and Divorce Solicitors Hazel Park have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having specific competence in divorce, child custody and home division.

We are dedicated 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 outcome. If you are wanting to engage the services of a few of the best family legal representatives Hazel Park has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Hazel Park, 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 allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage 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 submits the application, or a joint application where both parties file the application together.

An application for Divorce is only offered 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 actually offered the other with some household services. It may be difficult to develop that separation has actually occurred in these situations and appropriately the Court will require evidence 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 citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, intend to live in Hazel Park forever or otherwise have the ability to supply proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has actually been married for less than 2 years, the Court requires 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 consider that appropriate plans have actually 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 treated as a member of that household, and under the age of 18.

As soon as a Divorce has actually been given the Divorce becomes reliable one month and one day after the Order has actually been made.

When a Divorce has actually taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this period might be given in situations where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Hazel Park

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

Prior to the commencement of any Court procedures the parties are required to go to, take part and make an authentic attempt in solving any parenting problems at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If an agreement is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more negotiations can be organized with the help of solicitor, conciliators and counsellors Hazel Park.

If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.

In parenting matters, a Court must regard the very best interests of the kid as the paramount consideration.

Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are met by:

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

securing the kids from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and

making sure that kids receive appropriate and correct parenting to help them achieve their full potential; and

ensuring that moms and dads fulfil their duties, and satisfy their responsibilities, concerning the care, well-being and advancement of their children.

There are other factors that the Court might take into account in any particular scenarios.

Why Choose Our Family Lawyers Hazel Park VIC

We are passionate about providing a specialized Family Law service Hazel Park that welcomes you, understands you as well as shows you empathy in difficult times. Learn why you can be guaranteed of our dedication to your legal needs.

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