Accredited Family Law & Divorce Specialists In Harcourt
We know family law. Our Family Solicitors Harcourt have represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having particular proficiency in divorce, child custody and home 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 process so that you get the best possible outcome. If you are aiming to engage the services of some of the best family solicitors Harcourt has to offer, then look no more. When engaging among our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Harcourt, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is typically filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and means 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 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 residing under the exact same roof or if one has actually offered the other with some household services. It may be hard to develop that separation has taken place in these circumstances and appropriately the Court will need proof in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to reside in Harcourt forever or otherwise have the ability to supply evidence that you resided in Australian for a minimum of 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 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 have to think about that appropriate plans have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that household, and under the age of 18.
As soon as a Divorce has been approved the Divorce becomes reliable one month and one day after the Order has actually been made.
Once a Divorce has actually worked, there is just a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this duration might be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Harcourt
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a kid’s life.
Prior to the commencement of any Court procedures the parties are required to participate in, get involved and make an authentic attempt in fixing any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more settlements can be organized with the assistance of solicitor, arbitrators and counsellors Harcourt.
If no agreement 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 tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must concern the very best interests of the kid as the critical consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the kids have the benefit of both of their parents having a significant involvement in their lives, to the maximum degree consistent with the very best interest of the kid; and
protecting the kids from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that kids receive appropriate and correct parenting to help them accomplish their full potential; and
ensuring that parents fulfil their responsibilities, and satisfy their obligations, concerning the care, well-being and advancement of their children.
There are other elements that the Court might take into account in any particular scenarios.
Why Choose Our Family Lawyers Harcourt VIC
We are passionate regarding providing a specialized Family Law service Harcourt that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be guaranteed of our dedication to your legal demands.