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Family Lawyer Highlands VIC

Family Lawyer Highlands VIC

Accredited Family Law & Separation Specialists In Highlands

We understand family law. Our Family Lawyers Highlands have represented numerous family law customers for many years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having particular expertise in divorce, child custody and home 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 skillfully throughout the Court process so that you get the very best possible outcome. If you are looking to engage the services of some of the very best family lawyers Highlands has to offer, then look no more. When engaging among our professionals, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Highlands, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually 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 marriage files the application, or a joint application where both parties file the application together.

An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation period is to be a constant duration and means 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 residing under the same roof or if one has supplied the other with some home services. It may be difficult to establish that separation has occurred in these circumstances and appropriately the Court will require proof in assistance of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, intend to live in Highlands indefinitely or otherwise have the ability to supply proof that you lived in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has been married 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 correct arrangements have actually 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 actually been granted the Divorce ends up being effective one month and one day after the Order has been made.

As soon as a Divorce has worked, there is only a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period may be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Highlands

Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.

Prior to the commencement of any Court procedures the parties are needed to participate in, get involved and make a genuine attempt in resolving any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If a contract is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, even more settlements can be organized with the help of solicitor, conciliators and counsellors Highlands.

If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have actually attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.

In parenting matters, a Court should relate to 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:

ensuring that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum degree consistent with the best interest of the kid; and

protecting the children from physical and mental damage and from undergoing, or exposed to, abuse, neglect or family violence; and

making sure that children get appropriate and appropriate parenting to assist them achieve their full potential; and

guaranteeing that parents fulfil their responsibilities, and satisfy their obligations, concerning the care, welfare and advancement of their children.

There are other aspects that the Court may consider in any specific situations.

Why Choose Our Family Lawyers Highlands VIC

We are passionate regarding giving a specialty Family Law service Highlands that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be guaranteed of our commitment to your legal demands.

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