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Divorce Lawyer Highlands VIC

Divorce Lawyer Highlands VIC

Accredited Family Law & Divorce Specialists In Highlands

We understand family law. Our Family and Divorce Solicitors Highlands have actually represented hundreds of family law customers over the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having particular know-how in divorce, child custody and residential or commercial property division.

We are dedicated to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you obtain the very best possible result. If you are looking to engage the services of a few of the very best family legal representatives Highlands has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Highlands, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is generally 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 file the application together.

An application for Divorce is just available after a 12 month period of separation. This 12 month separation duration is to be a continuous 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 provided the other with some family services. It might be tough to establish that separation has occurred in these scenarios and appropriately 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 spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to reside in Highlands indefinitely or otherwise have the ability to provide evidence that you resided in Australian for at least 12 months prior to the filing of the application.

In instances where a couple has been wed for less than 2 years, the Court needs 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 have to consider that correct plans have been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that home, and under the age of 18.

When a Divorce has actually been approved the Divorce becomes effective one month and one day after the Order has been made.

When a Divorce has actually worked, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. 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 Highlands

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 procedures the parties are needed to participate in, take part and make a real attempt in dealing with any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an arrangement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no contract can be reached, even more negotiations can be set up with the help of lawyer, conciliators and counsellors Highlands.

If no agreement can be reached beyond the court system, an individual may 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 acquiring this Certificate prior to the start of Court proceedings.

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

Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are met by:

making sure that the children have the benefit of both of their parents having a meaningful participation in their lives, to the maximum extent consistent with the very best interest of the kid; and

safeguarding the children from physical and psychological harm and from undergoing, or exposed to, abuse, overlook or family violence; and

guaranteeing that children get appropriate and appropriate parenting to help them achieve their complete potential; and

guaranteeing that moms and dads fulfil their tasks, and fulfill their obligations, concerning the care, well-being and advancement of their children.

There are other factors that the Court may take into account in any specific scenarios.

Why Choose Our Family Lawyers Highlands VIC

We are passionate regarding giving a specialty Family Law service Highlands that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be assured of our commitment to your legal demands.

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