Accredited Family Law & Divorce Specialists In Hawksburn
We know family law. Our Family Lawyers Hawksburn have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific expertise in divorce, child custody and residential or commercial property division.
We are devoted to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you get the very best possible outcome. If you are seeking to engage the services of a few of the very best family solicitors Hawksburn has to offer, then look no more. When engaging one of our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Hawksburn, 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 adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has 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 files the application, or a joint application where both parties file the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a constant period and suggests more than physical separation where there is no possibility 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 living under the very same roof or if one has actually provided the other with some household services. It might be difficult to establish that separation has actually occurred in these circumstances and appropriately the Court will require proof 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 person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to reside in Hawksburn forever or otherwise have the ability to provide evidence that you lived 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 attend 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 proper arrangements have 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 treated as a member of that household, and under the age of 18.
As soon as a Divorce has actually been approved the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration may be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Hawksburn
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the start of any Court procedures the parties are needed to participate in, take part and make a real attempt in solving any parenting issues at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be set up with the help of lawyer, conciliators and counsellors Hawksburn.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should relate to the very best interests of the kid as the vital consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the children have the advantage of both of their parents having a significant involvement in their lives, to the optimum extent constant with the very best interest of the kid; and
protecting the children from physical and psychological damage and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that children get appropriate and appropriate parenting to help them achieve their complete potential; and
guaranteeing that parents fulfil their duties, and satisfy their duties, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court might take into account in any specific scenarios.
Why Choose Our Family Lawyers Hawksburn VIC
We are passionate about providing a specialized Family Law service Hawksburn that welcomes you, understands you and also shows you empathy in difficult times. Discover why you can be assured of our commitment to your legal requirements.