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Divorce Lawyer Hurstbridge VIC

Divorce Lawyer Hurstbridge VIC

Accredited Family Law & Divorce Specialists In Hurstbridge

We understand family law. Our Family and Divorce Lawyers Hurstbridge have actually represented numerous family law customers throughout the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced 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 dedicated to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you obtain the best possible result. If you are seeking to engage the services of some of the best family lawyers Hurstbridge has to offer, then look no further. When engaging among our specialists, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Hurstbridge, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle suggests 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 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 marriage submits the application, or a joint application where both parties submit the application together.

An application for Divorce is only readily 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 circumstances 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 living under the same roof or if one has actually provided the other with some home services. It might be difficult to develop that separation has actually taken place in these situations and accordingly the Court will need evidence in assistance of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to reside in Hurstbridge 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 instances where a couple has actually been wed for less than 2 years, the Court needs the parties to participate in 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 actually 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 treated as a member of that household, and under the age of 18.

As soon as a Divorce has been given the Divorce becomes effective one month and one day after the Order has actually been made.

Once a Divorce has actually taken effect, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Hurstbridge

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 child’s life.

Prior to the start of any Court proceedings the parties are needed to participate in, get involved and make an authentic effort in solving any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further settlements can be arranged with the help of lawyer, mediators and counsellors Hurstbridge.

If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.

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

Inning accordance with section 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 moms and dads having a significant involvement in their lives, to the maximum extent consistent with the best interest of the kid; and

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

guaranteeing that kids receive adequate and correct parenting to assist them accomplish their complete potential; and

guaranteeing that moms and dads fulfil their tasks, and fulfill their duties, concerning the care, welfare and development of their kids.

There are other aspects that the Court may consider in any specific situations.

Why Choose Our Family Lawyers Hurstbridge VIC

We are passionate regarding offering a specialized Family Law service Hurstbridge that welcomes you, understands you and shows you empathy in tough times. Learn why you can be assured of our commitment to your legal demands.

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