Call Us 1300 241 740

Family Lawyer Hamlyn Heights VIC

Family Lawyer Hamlyn Heights VIC

Accredited Family Law & Separation Specialists In Hamlyn Heights

We know family law. Our Family Solicitors Hamlyn Heights have actually represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having particular knowledge in divorce, child custody and property division.

We are devoted 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 acquire the best possible outcome. If you are looking to engage the services of a few of the best family lawyers Hamlyn Heights has to offer, then look no more. When engaging among our professionals, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Hamlyn Heights, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage 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 marriage 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 period is to be a continuous duration and indicates more than physical separation where there is no possibility 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 residing under the same roof or if one has provided the other with some home services. It might be difficult to develop that separation has actually happened in these scenarios and accordingly the Court will require 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to live in Hamlyn Heights indefinitely or otherwise be able to provide proof that you resided in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has been married for less than 2 years, the Court needs the parties to go to 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 correct arrangements 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 treated as a member of that household, and under the age of 18.

When a Divorce has actually been granted the Divorce becomes reliable one month and one day after the Order has actually been made.

When a Divorce has actually worked, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period may be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Hamlyn Heights

Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.

Prior to the commencement of any Court proceedings the parties are needed to go to, participate and make a real effort in dealing with any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an agreement is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no contract can be reached, further settlements can be set up with the support of lawyer, mediators and counsellors Hamlyn Heights.

If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have actually tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.

In parenting matters, a Court should relate to the best interests of the child as the paramount factor to consider.

According to area 60B of the Family Law Act 1975, the best interests of the children are met by:

making sure that the children have the advantage of both of their parents having a significant participation in their lives, to the optimum degree consistent with the very best interest of the child; and

safeguarding the children from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and

guaranteeing that kids receive sufficient and correct parenting to help them attain their complete potential; and

making sure that parents satisfy their tasks, and fulfill their responsibilities, concerning the care, welfare and development of their kids.

There are other aspects that the Court may take into account in any specific situations.

Why Choose Our Family Lawyers Hamlyn Heights VIC

We are passionate regarding offering a specialty Family Law service Hamlyn Heights that welcomes you, understands you as well as shows you empathy in challenging times. Find out why you can be guaranteed of our dedication to your legal demands.

Business Results 1 - 5 of 1

Birdsey Dedman & Bartlett
1 Reviews
Lawyers
Phone:
166a Ryrie St, Geelong Victoria 3220, Australia

 
 

About: admin2018


Call Now