Accredited Family Law & Divorce Specialists In Hazelwood South
We understand family law. Our Family and Divorce Solicitors Hazelwood South have actually represented numerous family law customers over the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having specific expertise in divorce, child custody and residential or commercial property 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 skillfully throughout the Court process so that you acquire the very best possible outcome. If you are planning to engage the services of some of the best family lawyers Hazelwood South has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Hazelwood South, the Family Law Act 1975 developed 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 accusations of adultery, violence or desertion are irrelevant. 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 files the application, or a joint application where both parties submit the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a constant period and indicates 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 living 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 actually occurred in these situations and accordingly the Court will require evidence in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to live in Hazelwood South indefinitely or otherwise have the ability to provide evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been wed 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 think about that appropriate 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 treated as a member of that household, and under the age of 18.
When a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is just a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this duration may be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Hazelwood South
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to attend, take part and make a real attempt in resolving any parenting problems at a household dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more negotiations can be organized with the help of lawyer, arbitrators and counsellors Hazelwood South.
If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should concern the very best interests of the kid as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the kids have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the maximum degree constant with the very best interest of the kid; and
safeguarding the kids from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and
making sure that children receive sufficient and proper parenting to assist them accomplish their complete potential; and
making sure that parents fulfil their responsibilities, and satisfy their obligations, concerning the care, well-being and advancement of their kids.
There are other factors that the Court may consider in any particular scenarios.
Why Choose Our Family Lawyers Hazelwood South VIC
We are passionate regarding giving a specialty Family Law service Hazelwood South that welcomes you, understands you and shows you empathy in tough times. Figure out why you can be assured of our commitment to your legal requirements.