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Divorce Lawyer Hotham Heights VIC

Divorce Lawyer Hotham Heights VIC

Accredited Family Law & Divorce Specialists In Hotham Heights

We understand family law. Our Family and Divorce Solicitors Hotham Heights have represented hundreds of family law customers for many years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having particular knowledge in divorce, child custody and property division.

We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you get the best possible outcome. If you are looking to engage the services of some of the best family solicitors Hotham Heights has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Hotham Heights, 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 accusations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.

Any application for Divorce is usually 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 available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and means more than physical separation where there is no possibility 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 very same roof or if one has actually offered the other with some home services. It may be challenging to develop that separation has actually happened in these scenarios and appropriately the Court will need evidence in support of the application.

In addition to the requirements of a duration 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 established, you or your spouse needs to regard Australia as your home, intend to live in Hotham Heights 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 instances where a couple has actually 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 think about that correct plans have actually been produced 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.

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.

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

Parenting Orders Hotham Heights

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

Prior to the commencement of any Court proceedings the parties are needed to go to, take part and make a real attempt in solving any parenting problems at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an agreement is reached the terms of that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, further negotiations can be arranged with the assistance of lawyer, arbitrators and counsellors Hotham Heights.

If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have actually attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.

In parenting matters, a Court needs to concern the very best interests of the child as the critical factor to consider.

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

guaranteeing that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the optimum extent constant with the very best interest of the child; and

securing the kids from physical and mental damage and from going through, or exposed to, abuse, overlook or family violence; and

ensuring that children receive adequate and correct parenting to help them achieve their full potential; and

guaranteeing that parents satisfy their responsibilities, and meet their duties, concerning the care, well-being and advancement of their children.

There are other factors that the Court might take into consideration in any specific scenarios.

Why Choose Our Family Lawyers Hotham Heights VIC

We are passionate about giving a specialty Family Law service Hotham Heights that welcomes you, understands you as well as shows you empathy in hard times. Learn why you can be assured of our commitment to your legal requirements.

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