Accredited Family Law & Separation Specialists In Heathcote South
We understand family law. Our Family Solicitors Heathcote South 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 solicitors can represent you in all aspects of family law, having particular knowledge in divorce, child custody and home 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 expertly throughout the Court process so that you acquire the very best possible outcome. If you are aiming to engage the services of some of the best family lawyers Heathcote South has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Heathcote South, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle suggests 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 marriage has actually broken down irretrievably.
Any application for Divorce is typically submitted 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 submit the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and implies more than physical separation where there is no possibility of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to handle 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 residing under the exact same roof or if one has actually provided the other with some household services. It might be difficult to develop that separation has actually occurred in these situations and appropriately the Court will need proof 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 developed, you or your partner has to regard Australia as your home, mean to reside in Heathcote 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 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 proper arrangements have actually been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that family, and under the age of 18.
As soon as a Divorce has actually been approved the Divorce ends up being effective one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is just a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Heathcote South
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 start of any Court proceedings the parties are required to attend, get involved and make a real attempt in resolving any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more settlements can be set up with the support of lawyer, conciliators and counsellors Heathcote 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 confirmation that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must regard the very best interests of the kid as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the children have the advantage of both of their parents having a significant participation in their lives, to the optimum extent constant with the best interest of the kid; and
securing the kids from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
making sure that children receive appropriate and proper parenting to assist them accomplish their complete potential; and
making sure that parents satisfy their duties, and meet their obligations, concerning the care, well-being and development of their children.
There are other factors that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Heathcote South VIC
We are passionate regarding offering a specialty Family Law service Heathcote South that welcomes you, understands you and shows you empathy in tough times. Learn why you can be assured of our commitment to your legal needs.