Accredited Family Law & Divorce Specialists In Hattah
We know family law. Our Family Solicitors Hattah have actually represented hundreds of family law clients for many years and act for mums, dads, grandmothers, grandfathers, married 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 specific expertise in divorce, child custody and property division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you obtain the very best possible outcome. If you are aiming to engage the services of some of the very best family solicitors Hattah has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Hattah, the Family Law Act 1975 developed 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 unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is usually 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 just readily available after a 12 month period of separation. This 12 month separation duration is to be a constant duration and suggests more than physical separation where there is no likelihood 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 actually not been separated for more than 12 months.
An application can still be made while the parties are living under the same roof or if one has actually supplied the other with some home services. It may be challenging to establish that separation has happened in these situations and appropriately the Court will need evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to live in Hattah indefinitely or otherwise be able to offer 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 actually 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 appropriate plans have 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 dealt with as a member of that household, and under the age of 18.
Once a Divorce has been granted the Divorce ends up being 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 granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Hattah
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the beginning of any Court proceedings the parties are required to attend, take part and make a genuine effort in fixing any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more settlements can be arranged with the help of solicitor, conciliators and counsellors Hattah.
If no arrangement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should regard the best interests of the child as the vital consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:
ensuring that the children have the advantage of both of their parents having a significant involvement in their lives, to the optimum degree constant with the very best interest of the kid; and
securing the kids from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
guaranteeing that children get adequate and appropriate parenting to help them attain their full potential; and
guaranteeing that parents fulfil their duties, and meet their obligations, concerning the care, well-being and development of their children.
There are other elements that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Hattah VIC
We are passionate about giving a specialty Family Law service Hattah that welcomes you, understands you and also shows you empathy in challenging times. Figure out why you can be assured of our commitment to your legal needs.