Accredited Family Law & Separation Specialists In Hansonville
We understand family law. Our Family Lawyers Hansonville have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having particular proficiency in divorce, child custody and residential or commercial property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you obtain the best possible outcome. If you are looking to engage the services of some of the best family lawyers Hansonville has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Hansonville, 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 actually 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 submit the application together.
An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and suggests more than physical separation where there is no possibility 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 actually provided the other with some family services. It may be challenging to develop that separation has actually taken place in these circumstances and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a duration 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 spouse needs to regard Australia as your home, mean to reside in Hansonville indefinitely or otherwise have the ability to provide evidence 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 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 think about that correct arrangements have actually been made for any child of the marriage, 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 approved the Divorce ends up being efficient one month and one day after the Order has been made.
When a Divorce has taken effect, there is just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Hansonville
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the commencement of any Court proceedings the parties are required to go to, take part and make a real effort in fixing any parenting problems at a family disagreement resolution conference. Following conclusion 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, even more negotiations can be organized with the support of solicitor, conciliators and counsellors Hansonville.
If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should relate to the best interests of the child as the vital factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the children have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum degree consistent with the very best interest of the child; and
securing the children from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that kids receive sufficient and proper parenting to assist them attain their full potential; and
guaranteeing that moms and dads fulfil their responsibilities, and satisfy their duties, concerning the care, well-being and development of their children.
There are other aspects that the Court might take into consideration in any specific circumstances.
Why Choose Our Family Lawyers Hansonville VIC
We are passionate about offering a specialized Family Law service Hansonville that welcomes you, understands you and shows you empathy in difficult times. Figure out why you can be assured of our dedication to your legal requirements.