Accredited Family Law & Divorce Specialists In Harrietville
We understand family law. Our Family Lawyers Harrietville have represented hundreds of family law customers over the years and act for mums, dads, grandmothers, grandfathers, 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 particular know-how in divorce, child custody and residential or commercial property division.
We are committed 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 process so that you get the very best possible result. If you are looking to engage the services of a few of the very best family lawyers Harrietville has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Harrietville, 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 desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually 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 marriage submits 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 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 exact same roof or if one has actually provided the other with some home services. It might be difficult to establish that separation has occurred in these situations and appropriately the Court will require 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 need to be an Australia resident 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 Harrietville forever or otherwise have the ability to provide proof 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 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 need to think about that correct arrangements 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 treated as a member of that household, and under the age of 18.
Once a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has actually been made.
As soon as a Divorce has actually taken effect, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period may be approved in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Harrietville
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the beginning of any Court procedures the parties are required to go to, get involved and make a genuine attempt in solving any parenting concerns at a family disagreement resolution conference. Following completion 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 set up with the support of solicitor, conciliators and counsellors Harrietville.
If no arrangement can be reached beyond the court system, a person may 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 invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to relate to the very best interests of the kid as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum extent constant with the very best interest of the child; and
protecting the children from physical and mental damage and from undergoing, or exposed to, abuse, neglect or family violence; and
making sure that children receive appropriate and correct parenting to help them attain their full potential; and
guaranteeing that parents fulfil their tasks, and fulfill 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 Harrietville VIC
We are passionate about offering a specialty Family Law service Harrietville that welcomes you, understands you as well as shows you empathy in tough times. Figure out why you can be assured of our dedication to your legal needs.