Accredited Family Law & Separation Specialists In Heathcote Junction
We understand family law. Our Family and Divorce Solicitors Heathcote Junction have represented numerous family law customers over the years and act for mums, fathers, 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 knowledge in divorce, child custody and property 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 process so that you obtain the very best possible result. If you are planning to engage the services of some of the best family solicitors Heathcote Junction has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Heathcote Junction, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle indicates 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 submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties file the application together.
An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation period is to be a constant period and suggests more than physical separation where there is no likelihood 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 living under the exact same roof or if one has actually supplied the other with some family services. It might be tough to establish that separation has occurred in these situations and accordingly the Court will require proof in support 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 resident by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to live in Heathcote Junction forever or otherwise have the ability to supply proof that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been married for less than 2 years, the Court requires the parties to participate in 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 plans have actually been made for 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.
When a Divorce has actually been granted the Divorce ends up being efficient 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 upkeep. An extension to this period might be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Heathcote Junction
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to go to, take part and make a real effort in resolving any parenting issues at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, further settlements can be organized with the support of lawyer, arbitrators and counsellors Heathcote Junction.
If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should regard the best interests of the kid as the critical factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the children have the advantage of both of their parents having a significant involvement in their lives, to the maximum level 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, disregard or family violence; and
making sure that kids receive sufficient and proper parenting to help them achieve their full potential; and
ensuring that moms and dads fulfil their responsibilities, and meet their obligations, concerning the care, well-being and advancement of their kids.
There are other factors that the Court might take into account in any particular situations.
Why Choose Our Family Lawyers Heathcote Junction VIC
We are passionate about giving a specialized Family Law service Heathcote Junction that welcomes you, understands you and also shows you empathy in challenging times. Learn why you can be guaranteed of our dedication to your legal needs.