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Divorce Lawyer Howqua VIC

Divorce Lawyer Howqua VIC

Accredited Family Law & Divorce Specialists In Howqua

We understand family law. Our Family and Divorce Solicitors Howqua have represented numerous family law customers throughout the years and act for mums, dads, grandmothers, grandfathers, 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 particular competence in divorce, child custody and home division.

We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you acquire the best possible result. If you are seeking to engage the services of some of the very best family legal representatives Howqua has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Howqua, the Family Law Act 1975 established 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 accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has 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 submits the application, or a joint application where both parties file the application together.

An application for Divorce is only 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 possibility of reconciliation.

The application can be opposed in situations 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 same roof or if one has actually offered the other with some household services. It may be difficult to establish that separation has occurred in these scenarios and accordingly 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 have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to reside in Howqua indefinitely or otherwise have the ability to offer evidence 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 think about that appropriate plans have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that household, and under the age of 18.

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

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

Parenting Orders Howqua

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

Prior to the beginning of any Court proceedings the parties are needed to attend, take part and make a real effort in dealing with any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more negotiations can be set up with the support of solicitor, conciliators and counsellors Howqua.

If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.

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

According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:

making sure that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum extent constant with the best interest of the child; and

securing the children from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and

guaranteeing that children get adequate and appropriate parenting to assist them attain their full potential; and

making sure that moms and dads fulfil their duties, and fulfill their obligations, concerning the care, well-being and advancement of their children.

There are other aspects that the Court might take into consideration in any particular circumstances.

Why Choose Our Family Lawyers Howqua VIC

We are passionate about offering a specialized Family Law service Howqua that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be guaranteed of our commitment to your legal needs.

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