Accredited Family Law & Divorce Specialists In Hiamdale
We understand family law. Our Family Solicitors Hiamdale have represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having particular know-how in divorce, child custody and home 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 expertly throughout the Court process so that you acquire the best possible result. If you are planning to engage the services of some of the very best family solicitors Hiamdale has to offer, then look no more. When engaging among our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Hiamdale, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally 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 only offered after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and implies more than physical separation where there is no possibility of reconciliation.
The application can be opposed in situations 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 very same roof or if one has actually offered the other with some family services. It might be hard to develop that separation has actually taken place in these situations and accordingly the Court will require evidence in support 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 resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to live in Hiamdale indefinitely or otherwise be able to provide 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 actually been wed for less than 2 years, the Court requires the parties to participate in 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 arrangements have actually been produced 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 household, and under the age of 18.
Once a Divorce has been granted the Divorce becomes efficient one month and one day after the Order has actually been made.
When a Divorce has worked, there is only a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Hiamdale
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 child’s life.
Prior to the commencement of any Court procedures the parties are needed to attend, get involved and make an authentic effort in dealing with any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be arranged with the support of lawyer, conciliators and counsellors Hiamdale.
If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to concern the best interests of the kid as the critical factor to consider.
Inning accordance with section 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 involvement in their lives, to the maximum extent consistent with the very best interest of the kid; and
safeguarding the children from physical and psychological harm and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that children receive sufficient and proper parenting to help them achieve their complete potential; and
ensuring that parents satisfy their duties, and satisfy their duties, concerning the care, welfare and advancement of their children.
There are other elements that the Court might take into account in any specific scenarios.
Why Choose Our Family Lawyers Hiamdale VIC
We are passionate about offering a specialized Family Law service Hiamdale that welcomes you, understands you as well as shows you empathy in hard times. Find out why you can be guaranteed of our dedication to your legal needs.