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Divorce Lawyer Hordern Vale VIC

Divorce Lawyer Hordern Vale VIC

Accredited Family Law & Separation Specialists In Hordern Vale

We understand family law. Our Family and Divorce Lawyers Hordern Vale have actually represented hundreds of family law customers throughout the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having specific knowledge in divorce, child custody and property division.

We are devoted 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 obtain the best possible outcome. If you are looking to engage the services of some of the best family solicitors Hordern Vale has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

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

Any application for Divorce is normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties submit the application together.

An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation period is to be a constant period and means 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 residing under the exact same roof or if one has provided the other with some family services. It might be hard to develop that separation has happened 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 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, mean to live in Hordern Vale indefinitely or otherwise have the ability to provide proof that you lived 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 need to consider that proper 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 dealt with as a member of that family, and under the age of 18.

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

As soon as a Divorce has actually taken effect, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period might be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Hordern Vale

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

Prior to the start of any Court procedures the parties are required to go to, get involved and make an authentic effort in dealing with any parenting issues at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, further settlements can be set up with the assistance of lawyer, arbitrators and counsellors Hordern Vale.

If no agreement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court needs to concern the best interests of the child as the vital consideration.

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

guaranteeing that the children have the advantage of both of their parents having a significant involvement in their lives, to the maximum extent constant with the best interest of the child; and

protecting the children from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and

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

making sure that moms and dads fulfil their tasks, and satisfy their obligations, concerning the care, well-being and development of their kids.

There are other elements that the Court might consider in any particular scenarios.

Why Choose Our Family Lawyers Hordern Vale VIC

We are passionate about providing a specialty Family Law service Hordern Vale 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 demands.

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