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Divorce Lawyer Hexham VIC

Divorce Lawyer Hexham VIC

Accredited Family Law & Divorce Specialists In Hexham

We know family law. Our Family and Divorce Solicitors Hexham have represented numerous family law customers for many years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having specific proficiency in divorce, child custody and property division.

We are devoted 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 get the very best possible result. If you are seeking to engage the services of a few of the best family legal representatives Hexham has to offer, then look no further. When engaging one of our experts, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Hexham, the Family Law Act 1975 established 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 accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship 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 submits the application, or a joint application where both parties file 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 suggests more than physical separation where there is no probability of reconciliation.

The application can be opposed in scenarios where the Court does not have jurisdiction to deal with 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 same roof or if one has actually supplied the other with some family services. It may be difficult to develop that separation has taken place in these circumstances and appropriately 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 reside in Hexham indefinitely or otherwise be able to supply evidence that you resided in Australian for at least 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 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 correct arrangements have been made for any child of the marriage, or a child from another relationship, or a child who has 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 actually been granted the Divorce becomes reliable one month and one day after the Order has actually been made.

When a Divorce has worked, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period might be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Hexham

Applications for Parenting Orders can be brought by either or both of the parents, 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 attend, get involved and make an authentic attempt in solving any parenting concerns at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, further negotiations can be arranged with the support of lawyer, conciliators and counsellors Hexham.

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 confirmation that the parties have tried a conflict 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 relate to the very best interests of the kid as the vital consideration.

According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:

making sure that the kids have the benefit 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

safeguarding the kids from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and

making sure that children get adequate and proper parenting to help them accomplish their complete potential; and

guaranteeing that parents satisfy their tasks, and satisfy their duties, concerning the care, welfare and development of their kids.

There are other factors that the Court may take into consideration in any specific situations.

Why Choose Our Family Lawyers Hexham VIC

We are passionate about offering a specialty Family Law service Hexham that welcomes you, understands you and also shows you empathy in challenging times. Discover why you can be assured of our commitment to your legal needs.

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