Accredited Family Law & Separation Specialists In Hazelwood South
We know family law. Our Family Solicitors Hazelwood South have represented numerous family law clients for many years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having particular expertise in divorce, child custody and home division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you obtain the best possible outcome. If you are wanting to engage the services of a few of the very best family solicitors Hazelwood South has to offer, then look no more. When engaging among our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Hazelwood South, the Family Law Act 1975 established 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 accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally 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 only available after a 12 month period of separation. This 12 month separation period is to be a constant duration and indicates 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 actually not been separated for more than 12 months.
An application can still be made while the parties are living under the exact same roof or if one has actually supplied the other with some home services. It might be hard to develop that separation has taken place in these circumstances and accordingly the Court will need evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will have 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 Hazelwood South indefinitely or otherwise have the ability to supply evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been wed 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 proper plans have been made for 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 family, and under the age of 18.
Once a Divorce has actually been granted the Divorce becomes efficient one month and one day after the Order has been made.
As soon as a Divorce has actually taken effect, there is only a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this duration may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Hazelwood South
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 beginning of any Court proceedings the parties are needed to participate in, take part and make an authentic attempt in dealing with any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more settlements can be organized with the support of solicitor, arbitrators and counsellors Hazelwood South.
If no contract can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should concern the best interests of the child as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
making sure that the kids have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum level consistent with the best interest of the child; and
protecting the kids from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids receive appropriate and proper parenting to help them achieve their complete potential; and
ensuring that moms and dads satisfy their duties, and meet their obligations, concerning the care, well-being and advancement of their kids.
There are other elements that the Court might take into account in any specific circumstances.
Why Choose Our Family Lawyers Hazelwood South VIC
We are passionate about giving a specialized Family Law service Hazelwood South that welcomes you, understands you and also shows you empathy in tough times. Find out why you can be guaranteed of our dedication to your legal requirements.