Accredited Family Law & Separation Specialists In Haydens Bog
We know family law. Our Family Solicitors Haydens Bog have represented hundreds of family law clients throughout the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having specific proficiency in divorce, child custody and home division.
We are dedicated 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 obtain the very best possible outcome. If you are planning to engage the services of a few of the very best family legal representatives Haydens Bog has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Haydens Bog, 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 desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally 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 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 constant duration and means 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 same roof or if one has provided the other with some family services. It may be challenging to develop that separation has occurred in these situations and appropriately the Court will require evidence in assistance 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 citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to live in Haydens Bog forever or otherwise have the ability 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 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 need to think about that correct arrangements have actually 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 home, and under the age of 18.
Once a Divorce has been approved the Divorce ends up being effective one month and one day after the Order has actually been made.
When a Divorce has 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 granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Haydens Bog
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the start of any Court procedures the parties are required to attend, participate and make a real effort in solving any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, further negotiations can be set up with the help of lawyer, mediators and counsellors Haydens Bog.
If no agreement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to relate to the very best interests of the kid as the vital consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum degree constant with the very best interest of the child; and
securing the children from physical and psychological damage and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get appropriate and appropriate parenting to assist them attain their complete potential; and
making sure that moms and dads satisfy their tasks, and satisfy their duties, concerning the care, welfare and advancement of their children.
There are other aspects that the Court may take into account in any particular circumstances.
Why Choose Our Family Lawyers Haydens Bog VIC
We are passionate about providing a specialty Family Law service Haydens Bog that welcomes you, understands you and also shows you empathy in tough times. Figure out why you can be assured of our commitment to your legal demands.