Accredited Family Law & Divorce Specialists In Brown Hill
We know family law. Our Family Solicitors Brown Hill have represented hundreds of family law customers over the years and act for mums, fathers, grandmothers, grandfathers, 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 specific knowledge in divorce, child custody and home division.
We are committed to helping 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 get the best possible outcome. If you are seeking to engage the services of some of the best family legal representatives Brown Hill has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Brown Hill, 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 marriage 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 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 continuous 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 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 living under the very same roof or if one has actually offered the other with some family services. It might be hard to develop that separation has happened in these scenarios and appropriately the Court will need proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to live in Brown Hill 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 wed for less than 2 years, the Court requires 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 appropriate plans have 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 family, and under the age of 18.
When a Divorce has actually been granted the Divorce ends up being effective one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this period might be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Brown Hill
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are needed to go to, take part and make a real effort in solving any parenting problems at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more negotiations can be arranged with the support of lawyer, mediators and counsellors Brown Hill.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should relate to the best interests of the kid as the vital consideration.
Inning accordance with area 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 optimum extent consistent with the best interest of the child; and
protecting the children from physical and mental harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that children receive sufficient and proper parenting to assist them achieve their full potential; and
making sure that moms and dads fulfil their duties, and meet their duties, concerning the care, welfare and development of their children.
There are other factors that the Court may take into account in any specific scenarios.
Why Choose Our Family Lawyers Brown Hill VIC
We are passionate regarding providing a specialty Family Law service Brown Hill that welcomes you, understands you and shows you empathy in challenging times. Figure out why you can be guaranteed of our dedication to your legal demands.