Accredited Family Law & Separation Specialists In Hampton
We know family law. Our Family Lawyers Hampton have represented numerous family law clients for many years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having specific expertise in divorce, child custody and home division.
We are devoted 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 get the very best possible result. If you are planning to engage the services of a few of the very best family solicitors Hampton has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Hampton, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is typically 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 duration of separation. This 12 month separation period is to be a continuous period and means 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 actually not been separated for more than 12 months.
An application can still be made while the parties are residing under the exact same roof or if one has provided the other with some household services. It might be tough to develop that separation has actually occurred in these circumstances and accordingly the Court will require 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 citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, mean to live in Hampton 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 circumstances 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 have to consider that proper arrangements have been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that home, and under the age of 18.
As soon as a Divorce has been given the Divorce ends up being reliable one month and one day after the Order has actually been made.
When a Divorce has actually taken effect, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration might be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Hampton
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the start of any Court procedures the parties are needed to participate in, take part and make a real attempt in solving any parenting problems at a family dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more settlements can be arranged with the help of solicitor, arbitrators and counsellors Hampton.
If no agreement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court must relate to the best interests of the child as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the maximum extent consistent with the very best interest of the child; and
protecting the kids from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
making sure that kids receive adequate and correct parenting to help them attain their complete potential; and
making sure that parents fulfil their duties, and fulfill their duties, concerning the care, welfare and advancement of their children.
There are other factors that the Court may consider in any particular circumstances.
Why Choose Our Family Lawyers Hampton VIC
We are passionate regarding offering a specialized Family Law service Hampton that welcomes you, understands you and shows you empathy in challenging times. Discover why you can be guaranteed of our dedication to your legal requirements.