Accredited Family Law & Divorce Specialists In Hawkesdale
We understand family law. Our Family Lawyers Hawkesdale have represented numerous family law clients throughout the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having specific knowledge in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you obtain the very best possible result. If you are seeking to engage the services of some of the very best family solicitors Hawkesdale has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Hawkesdale, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has 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 marital relationship files 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 duration of separation. This 12 month separation duration is to be a constant period and indicates 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 not been separated for more than 12 months.
An application can still be made while the parties are residing under the very same roof or if one has actually offered the other with some household services. It might be challenging to develop that separation has actually occurred in these scenarios and accordingly the Court will need evidence in support of the application.
In addition to the requirements of a period 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 spouse needs to regard Australia as your home, plan to reside in Hawkesdale indefinitely or otherwise be able to provide proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances 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 need to consider that proper plans have been made for 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.
When a Divorce has been given the Divorce becomes efficient one month and one day after the Order has actually been made.
When a Divorce has actually taken effect, there is just a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this period might be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Hawkesdale
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the commencement of any Court procedures the parties are needed to participate in, get involved and make a real attempt in solving any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Approval Orders. If no agreement can be reached, further negotiations can be set up with the assistance of solicitor, arbitrators and counsellors Hawkesdale.
If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to concern the very best interests of the kid as the critical consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum extent constant with the very best interest of the kid; and
securing the children from physical and psychological harm and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get appropriate and correct parenting to assist them achieve their complete potential; and
making sure that parents satisfy their tasks, and fulfill their duties, concerning the care, welfare and development of their children.
There are other aspects that the Court may take into consideration in any particular scenarios.
Why Choose Our Family Lawyers Hawkesdale VIC
We are passionate regarding offering a specialized Family Law service Hawkesdale that welcomes you, understands you and also shows you empathy in tough times. Figure out why you can be guaranteed of our dedication to your legal requirements.