Accredited Family Law & Divorce Specialists In Heathwood
We know family law. Our Family Lawyers Heathwood have actually represented hundreds of family law clients over the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having specific know-how in divorce, child custody and property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you get the very best possible result. If you are aiming to engage the services of some of the very best family solicitors Heathwood has to offer, then look no further. When engaging among our experts, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Heathwood, the Family Law Act 1975 established 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 accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually 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 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 duration of separation. This 12 month separation period is to be a constant duration and means 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 residing under the same roof or if one has offered the other with some household services. It might be challenging to establish that separation has actually occurred in these circumstances and accordingly the Court will require 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 need 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, plan to live in Heathwood forever or otherwise be able to supply proof 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 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 consider 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 dealt with as a member of that household, and under the age of 18.
Once a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has been made.
When a Divorce has worked, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Heathwood
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a kid’s life.
Prior to the beginning of any Court procedures the parties are required to participate in, take part and make a real attempt in resolving any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more negotiations can be organized with the assistance of lawyer, arbitrators and counsellors Heathwood.
If no contract can be reached outside of the court system, a person may 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 receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must concern the best interests of the kid as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the kids have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum level constant with the best interest of the kid; and
securing the kids from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids receive adequate and appropriate parenting to assist them attain their complete potential; and
ensuring that moms and dads satisfy their responsibilities, and satisfy their duties, concerning the care, well-being and advancement of their children.
There are other elements that the Court might take into account in any specific circumstances.
Why Choose Our Family Lawyers Heathwood VIC
We are passionate regarding giving a specialized Family Law service Heathwood that welcomes you, understands you and also shows you empathy in hard times. Figure out why you can be guaranteed of our dedication to your legal demands.