Accredited Family Law & Divorce Specialists In High Camp
We understand family law. Our Family and Divorce Lawyers High Camp have actually represented hundreds of family law clients for many years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having specific know-how in divorce, child custody and home division.
We are committed 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 procedure so that you acquire the very best possible result. If you are seeking to engage the services of some of the best family lawyers High Camp has to offer, then look no further. When engaging among our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In High Camp, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is typically 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 just readily available after a 12 month period of separation. This 12 month separation period is to be a constant period and indicates 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 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 residing under the same roof or if one has actually provided the other with some household services. It might be tough to develop that separation has actually taken place in these situations and appropriately the Court will require 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 have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, intend to live in High Camp forever 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 actually been wed 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 appropriate plans 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 household, and under the age of 18.
Once a Divorce has been given the Divorce becomes reliable one month and one day after the Order has been made.
Once a Divorce has actually worked, there is just a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this duration might be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders High Camp
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the commencement of any Court procedures the parties are required to participate in, participate and make a real attempt in resolving any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, further negotiations can be set up with the assistance of lawyer, conciliators and counsellors High Camp.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have actually attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should concern the best interests of the child as the critical consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the kids have the advantage of both of their parents having a significant involvement in their lives, to the optimum degree consistent with the very best interest of the kid; and
protecting the kids from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
ensuring that children receive adequate and proper parenting to assist them accomplish their full potential; and
ensuring that parents fulfil their responsibilities, and meet their obligations, 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 High Camp VIC
We are passionate regarding giving a specialized Family Law service High Camp that welcomes you, understands you and shows you empathy in tough times. Discover why you can be assured of our commitment to your legal requirements.