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Family Lawyer Heathcote Junction VIC

Family Lawyer Heathcote Junction VIC

Accredited Family Law & Separation Specialists In Heathcote Junction

We understand family law. Our Family Solicitors Heathcote Junction have actually represented numerous family law customers over the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having particular know-how in divorce, child custody and residential or commercial property division.

We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully 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 best family lawyers Heathcote Junction has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Heathcote Junction, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage 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 only offered after a 12 month period of separation. This 12 month separation duration is to be a continuous period and means more than physical separation where there is no probability of reconciliation.

The application can be opposed in scenarios 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 offered the other with some family services. It might be tough to establish that separation has happened in these circumstances 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 developed, you or your spouse needs to regard Australia as your home, intend to reside in Heathcote Junction indefinitely or otherwise have the ability to offer 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 actually been wed for less than 2 years, the Court needs 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 need to think about that appropriate plans have actually been produced 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 becomes efficient one month and one day after the Order has actually been made.

As soon as a Divorce has actually taken effect, there is just a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this period may be given in scenarios where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Heathcote Junction

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 start of any Court proceedings the parties are needed to go to, participate and make a real attempt in resolving any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more negotiations can be organized with the support of lawyer, conciliators and counsellors Heathcote Junction.

If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court must concern the best interests of the kid as the paramount factor to consider.

According to area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:

ensuring that the kids have the benefit of both of their parents having a significant involvement in their lives, to the maximum extent constant with the very best interest of the kid; and

protecting the kids from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and

guaranteeing that children get sufficient and correct parenting to assist them accomplish their complete potential; and

ensuring that parents fulfil their tasks, and satisfy their responsibilities, concerning the care, welfare and development of their children.

There are other elements that the Court may take into consideration in any particular situations.

Why Choose Our Family Lawyers Heathcote Junction VIC

We are passionate about offering a specialty Family Law service Heathcote Junction that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be guaranteed of our commitment to your legal needs.

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