Accredited Family Law & Separation Specialists In Hazelwood North
We know family law. Our Family Lawyers Hazelwood North have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandfathers, 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 knowledge in divorce, child custody and property division.
We are devoted to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible result. If you are aiming to engage the services of a few of the very best family legal representatives Hazelwood North has to offer, then look no more. When engaging among our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Hazelwood North, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle 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 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 submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and means 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 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 provided the other with some family services. It may be tough to develop that separation has taken place in these scenarios and accordingly the Court will need evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to reside in Hazelwood North forever or otherwise be able to provide proof that you resided 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 needs 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 think about that appropriate arrangements have actually been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that home, and under the age of 18.
Once a Divorce has actually been given the Divorce ends up being effective one month and one day after the Order has been made.
Once a Divorce has actually worked, there is only a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this duration may be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Hazelwood North
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 start of any Court procedures the parties are required to attend, participate and make an authentic attempt in resolving any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract 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 Hazelwood North.
If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to relate to the best interests of the child as the critical consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum extent constant with the very best interest of the kid; and
safeguarding the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that children get adequate and proper parenting to assist them attain their full potential; and
ensuring that moms and dads satisfy their duties, and satisfy their obligations, concerning the care, welfare and development of their children.
There are other factors that the Court may consider in any particular circumstances.
Why Choose Our Family Lawyers Hazelwood North VIC
We are passionate about offering a specialty Family Law service Hazelwood North that welcomes you, understands you and also shows you empathy in challenging times. Discover why you can be assured of our commitment to your legal demands.