Accredited Family Law & Separation Specialists In Hoddles Creek
We know family law. Our Family and Divorce Solicitors Hoddles Creek have actually represented numerous family law clients throughout the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having particular competence 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 possible, 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 some of the best family legal representatives Hoddles Creek has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Hoddles Creek, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle means 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 marriage 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 marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and means 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 actually not been separated for more than 12 months.
An application can still be made while the parties are living under the very same roof or if one has offered the other with some household services. It might be difficult to establish that separation has happened in these situations and accordingly the Court will need proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse 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, mean to reside in Hoddles Creek indefinitely or otherwise be able to offer evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been married for less than 2 years, the Court needs 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 proper plans have been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that family, and under the age of 18.
Once a Divorce has been granted the Divorce becomes efficient one month and one day after the Order has been made.
Once a Divorce has taken effect, there is only a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this duration may be granted in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Hoddles Creek
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are needed to go to, participate and make a real effort in dealing with any parenting concerns at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more negotiations can be arranged with the assistance of lawyer, arbitrators and counsellors Hoddles Creek.
If no contract can be reached beyond the court system, an individual 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 receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to concern the best interests of the kid as the paramount consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the children have the benefit of both of their parents having a significant participation in their lives, to the optimum level constant with the best interest of the child; and
securing the children from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
making sure that kids receive sufficient and proper parenting to help them accomplish their complete potential; and
making sure that parents satisfy their responsibilities, and meet their obligations, concerning the care, well-being and advancement of their children.
There are other aspects that the Court might consider in any particular circumstances.
Why Choose Our Family Lawyers Hoddles Creek VIC
We are passionate about providing a specialty Family Law service Hoddles Creek that welcomes you, understands you as well as shows you empathy in difficult times. Figure out why you can be assured of our commitment to your legal demands.