Accredited Family Law & Separation Specialists In Heidelberg Heights
We know family law. Our Family Lawyers Heidelberg Heights have represented hundreds of family law customers for many years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific 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 achievable, then we will represent you skillfully throughout the Court process so that you acquire the very best possible result. If you are aiming to engage the services of some of the best family solicitors Heidelberg Heights has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Heidelberg Heights, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally 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 readily available after a 12 month period of separation. This 12 month separation duration is to be a constant duration and implies 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 not been separated for more than 12 months.
An application can still be made while the parties are living under the exact same roof or if one has supplied the other with some home services. It may be hard to develop that separation has actually happened in these circumstances 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 partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, plan to reside in Heidelberg Heights indefinitely or otherwise be able to offer proof 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 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 need to consider 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 or was adopted or who is dealt with as a member of that household, and under the age of 18.
As soon as a Divorce has been approved the Divorce ends up being efficient one month and one day after the Order has been made.
When a Divorce has taken effect, there is just a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period might be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Heidelberg Heights
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court proceedings the parties are required to participate in, take part and make an authentic effort in solving any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no contract can be reached, even more negotiations can be organized with the assistance of solicitor, conciliators and counsellors Heidelberg Heights.
If no arrangement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should concern the best interests of the child as the vital factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the children have the benefit of both of their parents having a meaningful 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 being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids get sufficient and appropriate parenting to help them attain their complete potential; and
making sure that parents satisfy their responsibilities, and fulfill their responsibilities, concerning the care, well-being and development of their kids.
There are other aspects that the Court might take into account in any specific situations.
Why Choose Our Domestic Violence Lawyers Heidelberg Heights VIC
We are passionate about giving a specialty domestic violence lawyer Heidelberg Heights service that welcomes you, understands you as well as shows you empathy in difficult times. Find out why you can be guaranteed of our commitment to your legal demands.