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Divorce Lawyer Heathwood VIC

Divorce Lawyer Heathwood VIC

Accredited Family Law & Divorce Specialists In Heathwood

We understand family law. Our Family and Divorce Lawyers Heathwood have represented hundreds of family law customers for many years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having particular knowledge in divorce, child custody and property division.

We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible result. If you are wanting to engage the services of some of the very best family solicitors Heathwood has to offer, then look no more. When engaging among our specialists, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Heathwood, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.

Any application for Divorce is typically filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship 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 period is to be a continuous period and means more than physical separation where there is no probability 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 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 offered the other with some home services. It may be difficult to establish that separation has taken place in these situations and accordingly the Court will need evidence in support of the application.

In addition to the requirements of a period of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, plan to live in Heathwood 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 circumstances where a couple has been married 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 consider that correct plans have been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, and under the age of 18.

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

When a Divorce has taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period might be approved in situations where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Heathwood

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

Prior to the start of any Court proceedings the parties are needed to go to, participate and make an authentic effort in dealing with any parenting concerns at a household conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an agreement is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, even more negotiations can be organized with the help of lawyer, mediators and counsellors Heathwood.

If no contract can be reached beyond the court system, a person might 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 invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court needs to relate to the best interests of the kid as the critical consideration.

Inning accordance with area 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 meaningful involvement in their lives, to the optimum level constant with the 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

guaranteeing that kids receive sufficient and proper parenting to help them achieve their full potential; and

making sure that moms and dads satisfy their tasks, and meet their duties, concerning the care, welfare and advancement of their children.

There are other elements that the Court might take into consideration in any specific situations.

Why Choose Our Family Lawyers Heathwood VIC

We are passionate about offering a specialized Family Law service Heathwood that welcomes you, understands you as well as shows you empathy in hard times. Discover why you can be assured of our commitment to your legal demands.

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