Accredited Family Law & Separation Specialists In Heidelberg Heights
We know family law. Our Family Solicitors Heidelberg Heights have represented hundreds of family law customers over the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having specific competence in divorce, child custody and property division.
We are committed 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 procedure so that you acquire the very best possible result. If you are seeking to engage the services of some of the best family solicitors Heidelberg Heights has to offer, then look no more. When engaging among our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Heidelberg Heights, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations 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 typically 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 just offered after a 12 month period of separation. This 12 month separation period is to be a continuous duration and suggests more than physical separation where there is no probability of reconciliation.
The application can be opposed in circumstances 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 living under the exact same roof or if one has actually provided the other with some family services. It might be hard to establish that separation has taken place in these situations and appropriately 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 spouse will have to be an Australia resident 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 Heidelberg Heights forever or otherwise be able to offer proof that you lived 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 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 appropriate plans have been produced 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 home, and under the age of 18.
Once a Divorce has actually been granted the Divorce ends up being reliable one month and one day after the Order has been made.
Once a Divorce has actually worked, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period might be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Heidelberg Heights
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the commencement of any Court procedures the parties are needed to attend, get involved and make a real attempt in dealing with any parenting problems at a household disagreement resolution conference. Following conclusion 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 Consent Orders. If no arrangement can be reached, even more settlements can be set up with the support of lawyer, arbitrators and counsellors Heidelberg Heights.
If no agreement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court must relate to the best interests of the kid as the vital consideration.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring 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
safeguarding the children from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids receive sufficient and correct parenting to assist them attain their full potential; and
ensuring that parents fulfil their tasks, and fulfill their responsibilities, concerning the care, welfare and development of their children.
There are other elements that the Court might take into account in any particular scenarios.
Why Choose Our Family Lawyers Heidelberg Heights VIC
We are passionate regarding offering a specialty Family Law service Heidelberg Heights that welcomes you, understands you and shows you empathy in hard times. Find out why you can be guaranteed of our dedication to your legal demands.