Accredited Family Law & Separation Specialists In Hotham Hill
We understand family law. Our Family Solicitors Hotham Hill have represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having particular expertise 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 achievable, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible result. If you are seeking to engage the services of a few of the very best family legal representatives Hotham Hill has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Hotham Hill, 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 desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally submitted 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 offered after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and suggests 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 deal with the matter or otherwise where the parties to the proceedings have actually 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 offered the other with some home services. It might be challenging to establish that separation has actually happened in these circumstances and appropriately the Court will need evidence in assistance 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 resident by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to reside in Hotham Hill indefinitely or otherwise be able to provide evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has 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 arrangements have 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.
Once a Divorce has been granted the Divorce becomes efficient 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 duration where to file an application for property/financial and spousal upkeep. An extension to this period might be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Hotham Hill
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the beginning of any Court proceedings the parties are needed to participate in, participate and make a genuine effort in dealing with any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be set up with the support of solicitor, conciliators and counsellors Hotham Hill.
If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court must regard the best interests of the child as the paramount consideration.
Inning accordance with area 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 moms and dads having a significant involvement in their lives, to the maximum extent consistent with the best interest of the child; and
safeguarding the kids from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that children receive appropriate and correct parenting to assist them attain their full potential; and
ensuring that moms and dads satisfy their tasks, and fulfill their obligations, concerning the care, well-being and development of their kids.
There are other elements that the Court might take into account in any particular circumstances.
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