Accredited Family Law & Separation Specialists In The Honeysuckles
We understand family law. Our Family Lawyers The Honeysuckles have represented numerous family law clients over the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having particular expertise in divorce, child custody and property division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you get the best possible outcome. If you are wanting to engage the services of some of the very best family legal representatives The Honeysuckles has to offer, then look no further. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In The Honeysuckles, the Family Law Act 1975 developed 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 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 usually submitted 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 just readily available after a 12 month period of separation. This 12 month separation duration is to be a constant duration and suggests more than physical separation where there is no likelihood 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 actually not been separated for more than 12 months.
An application can still be made while the parties are living under the very same roof or if one has actually supplied the other with some family services. It might be tough to develop that separation has actually happened in these scenarios and accordingly the Court will need evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will need 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, mean to live in The Honeysuckles indefinitely or otherwise be able to supply proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has 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 arrangements have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that home, and under the age of 18.
When 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 just a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period may be granted in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders The Honeysuckles
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the beginning of any Court procedures the parties are needed to participate in, get involved and make a genuine attempt in dealing with 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 regards to that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more settlements can be organized with the help of solicitor, conciliators and counsellors The Honeysuckles.
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 attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to relate to the best interests of the child as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the children have the benefit of both of their moms and dads having a significant participation in their lives, to the maximum level consistent with the best interest of the kid; and
securing the children from physical and mental harm and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that kids get adequate and appropriate parenting to assist them accomplish their complete potential; and
ensuring that moms and dads satisfy their responsibilities, and meet their responsibilities, concerning the care, welfare and development of their children.
There are other elements that the Court may take into account in any particular scenarios.
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