Accredited Family Law & Divorce Specialists In Hazeldene
We understand family law. Our Family Lawyers Hazeldene have represented hundreds of family law customers 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 solicitors can represent you in all aspects 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 rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you get the best possible result. If you are aiming to engage the services of a few of the best family lawyers Hazeldene has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Hazeldene, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship 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 submits 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 duration of separation. This 12 month separation duration is to be a continuous period and means more than physical separation where there is no likelihood 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 living under the same roof or if one has actually offered the other with some home services. It may be tough to establish that separation has occurred in these circumstances and appropriately the Court will need 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 person by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to live in Hazeldene forever or otherwise be able to supply evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been married for less than 2 years, the Court requires the parties to go to 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 correct arrangements have actually 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 dealt with as a member of that home, and under the age of 18.
Once a Divorce has been granted the Divorce becomes efficient one month and one day after the Order has actually been made.
Once a Divorce has worked, there is just a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this duration might be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Hazeldene
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the beginning of any Court procedures the parties are needed to go to, get involved and make a real effort in fixing any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no contract can be reached, even more settlements can be arranged with the help of solicitor, mediators and counsellors Hazeldene.
If no arrangement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to concern the very best interests of the kid as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are met by:
guaranteeing that the children have the advantage of both of their parents having a meaningful participation in their lives, to the maximum degree constant with the very best interest of the child; and
securing the kids from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that children get adequate and appropriate parenting to help them accomplish their complete potential; and
guaranteeing that moms and dads fulfil their responsibilities, and fulfill their duties, concerning the care, welfare and development of their kids.
There are other aspects that the Court might take into consideration in any specific circumstances.
Why Choose Our Family Lawyers Hazeldene VIC
We are passionate about giving a specialty Family Law service Hazeldene that welcomes you, understands you as well as shows you empathy in challenging times. Figure out why you can be guaranteed of our commitment to your legal demands.