Accredited Family Law & Separation Specialists In Hawthorn
We know family law. Our Family Solicitors Hawthorn have represented numerous family law customers throughout the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having particular proficiency in divorce, child custody and property division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you acquire the very best possible outcome. If you are looking to engage the services of some of the very best family solicitors Hawthorn has to offer, then look no further. When engaging one of our experts, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Hawthorn, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has 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 file the application together.
An application for Divorce is just available after a 12 month duration 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 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 same roof or if one has provided the other with some household services. It may be challenging to develop that separation has occurred in these situations and accordingly the Court will require 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 have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, mean to live in Hawthorn indefinitely 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 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 need to think about that proper plans have been made for any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that household, and under the age of 18.
When a Divorce has actually been approved the Divorce ends up being effective one month and one day after the Order has actually been made.
Once a Divorce has actually taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be approved in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Hawthorn
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to attend, take part and make a genuine effort in solving any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, further settlements can be set up with the help of lawyer, conciliators and counsellors Hawthorn.
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 need confirmation that the parties have attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should relate to the very best interests of the kid as the critical factor to consider.
Inning accordance with 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 participation in their lives, to the optimum degree constant with the best interest of the kid; and
safeguarding the children from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids get appropriate and proper parenting to help them accomplish their full potential; and
guaranteeing that parents fulfil their responsibilities, and meet their responsibilities, concerning the care, well-being and development of their children.
There are other elements that the Court might take into account in any specific circumstances.
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