Accredited Family Law & Divorce Specialists In Hazelwood
We understand family law. Our Family and Divorce Lawyers Hazelwood have actually represented numerous family law customers for many years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific expertise in divorce, child custody and residential or commercial property division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you get the best possible outcome. If you are aiming to engage the services of a few of the very best family legal representatives Hazelwood has to offer, then look no further. 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 marital relationship.
In Hazelwood, 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 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 marriage files the application, or a joint application where both parties submit 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 constant period and means more than physical separation where there is no probability of reconciliation.
The application can be opposed in situations 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 residing under the exact same roof or if one has provided the other with some household services. It might be difficult to develop that separation has actually happened in these circumstances and accordingly 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 partner will need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, mean to reside in Hazelwood forever or otherwise have the ability to offer proof that you lived 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 think about that proper arrangements have been produced any child of the marriage, 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.
Once a Divorce has actually been approved the Divorce ends up being 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 period where to submit an application for property/financial and spousal upkeep. An extension to this duration may be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Hazelwood
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the start of any Court procedures the parties are required to attend, participate and make a genuine attempt in resolving any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, further negotiations can be arranged with the help of solicitor, conciliators and counsellors Hazelwood.
If no arrangement can be reached beyond the court system, an individual 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 receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court must regard the very best interests of the child as the vital consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the maximum extent constant with the best interest of the child; and
securing the children from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and
making sure that children get adequate and correct parenting to help them accomplish their full potential; and
making sure that moms and dads satisfy their duties, and fulfill their responsibilities, concerning the care, welfare and development of their children.
There are other factors that the Court might consider in any particular scenarios.
Why Choose Our Family Lawyers Hazelwood VIC
We are passionate about providing a specialized Family Law service Hazelwood that welcomes you, understands you and shows you empathy in tough times. Find out why you can be guaranteed of our dedication to your legal requirements.