Accredited Family Law & Separation Specialists In Highett
We know family law. Our Family Lawyers Highett have actually represented hundreds of family law clients throughout the years and act for mums, dads, grandmas, grandpas, 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 residential or commercial property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you acquire the best possible result. If you are planning to engage the services of a few of the best family solicitors Highett has to offer, then look no further. When engaging among our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Highett, 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 accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is typically submitted 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 only available after a 12 month duration 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 same roof or if one has actually provided the other with some home services. It may be tough to develop that separation has occurred in these situations and appropriately the Court will require proof in assistance of the application.
In addition to the requirements of a period 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 partner has to regard Australia as your home, intend to live in Highett forever or otherwise be able to supply 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 been married 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 need to think about that appropriate plans have been made for 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 approved the Divorce ends up being effective one month and one day after the Order has actually been made.
When a Divorce has taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period may be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Highett
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the beginning of any Court proceedings the parties are required to go to, participate and make a genuine attempt in fixing any parenting problems at a family 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 contract can be reached, further negotiations can be organized with the support of solicitor, mediators and counsellors Highett.
If no agreement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to regard the best interests of the kid as the paramount factor to consider.
Inning accordance with 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 parents having a meaningful participation in their lives, to the optimum degree consistent with the best interest of the kid; and
safeguarding the kids from physical and psychological damage and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that children receive sufficient and correct parenting to help them accomplish their complete potential; and
ensuring that parents satisfy their tasks, and satisfy their responsibilities, concerning the care, welfare and development of their kids.
There are other factors that the Court might take into account in any specific scenarios.
Why Choose Our Family Lawyers Highett VIC
We are passionate about providing a specialty Family Law service Highett that welcomes you, understands you and shows you empathy in tough times. Discover why you can be assured of our dedication to your legal demands.