Accredited Family Law & Divorce Specialists In Heathmont
We know family law. Our Family Solicitors Heathmont have represented numerous family law customers over the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having particular competence in divorce, child custody and property division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you get the best possible outcome. If you are wanting to engage the services of some of the very best family solicitors Heathmont has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Heathmont, 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 allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship 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 marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation period is to be a continuous period and implies 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 same roof or if one has supplied the other with some family services. It might be hard to develop that separation has actually taken place in these circumstances and appropriately the Court will need evidence in assistance of the application.
In addition to the requirements of a duration 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 spouse needs to regard Australia as your home, plan to reside in Heathmont forever or otherwise be able to supply evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been wed 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 plans have been made for 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 home, and under the age of 18.
As soon as a Divorce has actually been approved the Divorce ends up being reliable one month and one day after the Order has been made.
Once a Divorce has actually taken effect, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period might be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Heathmont
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 participate in, get involved and make an authentic effort in solving any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, further settlements can be arranged with the support of solicitor, arbitrators and counsellors Heathmont.
If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should regard the very best interests of the child as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum degree constant with the best interest of the kid; and
securing the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive appropriate and appropriate parenting to assist them attain their full potential; and
ensuring that parents fulfil their responsibilities, and meet their duties, concerning the care, well-being and development of their children.
There are other factors that the Court might consider in any particular situations.
Why Choose Our Family Lawyers Heathmont VIC
We are passionate about offering a specialty Family Law service Heathmont that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal requirements.