Accredited Family Law & Divorce Specialists In Heathcote
We understand family law. Our Family and Divorce Solicitors Heathcote have actually represented numerous family law clients throughout 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 elements of family law, having specific expertise in divorce, child custody and home division.
We are committed to helping 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 obtain the very best possible outcome. If you are wanting to engage the services of some of the very best family legal representatives Heathcote has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Heathcote, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is normally 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 only readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and indicates more than physical separation where there is no possibility of reconciliation.
The application can be opposed in circumstances where the Court does not have jurisdiction to handle 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 same roof or if one has offered the other with some household services. It may be hard to develop that separation has actually occurred in these circumstances and accordingly the Court will need proof in assistance of the application.
In addition to the requirements of a duration 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 has to regard Australia as your home, mean to reside in Heathcote indefinitely or otherwise be able to offer proof 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 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 have to consider that proper 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 treated as a member of that home, and under the age of 18.
As soon as a Divorce has been approved the Divorce ends up being effective one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this duration may be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Heathcote
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 beginning of any Court proceedings the parties are required to go to, get involved and make an authentic effort in dealing with any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, even more negotiations can be set up with the assistance of lawyer, arbitrators and counsellors Heathcote.
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 verification that the parties have attempted a dispute resolution conference and are in receipt 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 paramount factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the children have the benefit of both of their parents having a significant participation in their lives, to the maximum degree constant with the very best interest of the child; and
securing the kids from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and
making sure that children get adequate and appropriate parenting to assist them achieve their complete potential; and
guaranteeing that moms and dads fulfil their tasks, and meet their duties, concerning the care, well-being and development of their kids.
There are other aspects that the Court may take into account in any particular situations.
Why Choose Our Family Lawyers Heathcote VIC
We are passionate regarding giving a specialty Family Law service Heathcote that welcomes you, understands you and shows you empathy in hard times. Learn why you can be guaranteed of our dedication to your legal demands.