Accredited Family Law & Divorce Specialists In Hepburn Springs
We know family law. Our Family Lawyers Hepburn Springs have represented numerous family law customers for many years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific expertise in divorce, child custody and property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you get the very best possible outcome. If you are seeking to engage the services of some of the very best family solicitors Hepburn Springs has to offer, then look no more. When engaging among our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Hepburn Springs, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has 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 marriage submits the application, or a joint application where both parties file the application together.
An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and means more than physical separation where there is no possibility 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 actually not been separated for more than 12 months.
An application can still be made while the parties are living under the very same roof or if one has offered the other with some family services. It might be tough to establish that separation has actually occurred in these scenarios and appropriately the Court will need proof in support 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, mean to reside in Hepburn Springs forever or otherwise be able to offer evidence that you lived in Australian for at least 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 need to consider that correct arrangements have actually been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that family, and under the age of 18.
When a Divorce has actually been granted the Divorce ends up being effective one month and one day after the Order has been made.
Once a Divorce has actually taken effect, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration may be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Hepburn Springs
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court proceedings the parties are needed to participate in, participate and make a real attempt in solving any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no contract can be reached, further settlements can be set up with the assistance of solicitor, arbitrators and counsellors Hepburn Springs.
If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must concern the very best interests of the child as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum extent consistent with the best interest of the child; and
securing the kids from physical and psychological damage and from going through, or exposed to, abuse, overlook or family violence; and
guaranteeing that children receive sufficient and correct parenting to assist them achieve their complete potential; and
ensuring that parents satisfy their tasks, and satisfy their responsibilities, concerning the care, well-being and advancement of their children.
There are other aspects that the Court might consider in any particular scenarios.
Why Choose Our Family Lawyers Hepburn Springs VIC
We are passionate regarding providing a specialized Family Law service Hepburn Springs that welcomes you, understands you and also shows you empathy in hard times. Learn why you can be guaranteed of our dedication to your legal needs.