Accredited Family Law & Separation Specialists In High Camp
We know family law. Our Family Lawyers High Camp have represented numerous family law clients for many years and act for mums, fathers, grandmothers, grandfathers, married 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 obtain the very best possible outcome. If you are looking to engage the services of some of the very best family legal representatives High Camp has to offer, then look no more. When engaging among our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In High Camp, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests 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 usually 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 available after a 12 month duration of separation. This 12 month separation period is to be a constant period and suggests 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 not been separated for more than 12 months.
An application can still be made while the parties are residing under the very same roof or if one has supplied the other with some household services. It may be tough to develop that separation has actually taken place in these scenarios 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to live in High Camp forever or otherwise have the ability to offer evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances 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 have to think about that proper arrangements have been produced 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 household, and under the age of 18.
Once a Divorce has been given the Divorce becomes effective one month and one day after the Order has been made.
Once a Divorce has actually worked, there is just a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period might be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders High Camp
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 proceedings the parties are needed to attend, take part and make an authentic effort in solving any parenting concerns at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is provided 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 settlements can be set up with the assistance of solicitor, conciliators and counsellors High Camp.
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 need confirmation that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to concern the best interests of the kid as the paramount consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum degree consistent with the very best interest of the kid; and
protecting the children from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
making sure that children get adequate and proper parenting to assist them achieve their full potential; and
making sure that moms and dads satisfy their duties, and fulfill their obligations, concerning the care, well-being and development of their children.
There are other aspects that the Court may take into account in any specific scenarios.
Why Choose Our Family Lawyers High Camp VIC
We are passionate regarding providing a specialized Family Law service High Camp that welcomes you, understands you and also shows you empathy in hard times. Discover why you can be assured of our dedication to your legal requirements.