Accredited Family Law & Divorce Specialists In Hastings
We understand family law. Our Family Solicitors Hastings have actually represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandpas, 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 know-how in divorce, child custody and property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you obtain the best possible result. If you are planning to engage the services of some of the best family lawyers Hastings has to offer, then look no further. When engaging among our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Hastings, 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 accusations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is normally 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 just readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and implies more than physical separation where there is no possibility of reconciliation.
The application can be opposed in situations 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 actually provided the other with some home services. It might be challenging to develop that separation has occurred in these circumstances and accordingly 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 spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, plan to reside in Hastings forever or otherwise be able to offer proof that you lived 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 consider that appropriate arrangements have been produced 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 family, and under the age of 18.
Once a Divorce has been given the Divorce ends up being efficient 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 in which to file an application for property/financial and spousal upkeep. An extension to this duration might be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Hastings
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 child’s life.
Prior to the commencement of any Court procedures the parties are needed to go to, get involved and make a real attempt in solving any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Approval Orders. If no agreement can be reached, further settlements can be arranged with the assistance of lawyer, arbitrators and counsellors Hastings.
If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to regard the very best interests of the child as the critical factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the children have the advantage of both of their moms and dads having a significant involvement in their lives, to the optimum extent consistent with the very best interest of the kid; and
securing the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that kids get appropriate and proper parenting to help them attain their full potential; and
making sure that parents fulfil their tasks, and fulfill their responsibilities, concerning the care, welfare and development of their children.
There are other elements that the Court may consider in any specific situations.
Why Choose Our Family Lawyers Hastings VIC
We are passionate about providing a specialized Family Law service Hastings that welcomes you, understands you and also shows you empathy in tough times. Discover why you can be assured of our commitment to your legal demands.