Accredited Family Law & Divorce Specialists In Highton
We understand family law. Our Family Lawyers Highton have actually represented hundreds of family law clients for many years and act for mums, dads, grandmothers, grandfathers, 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 particular expertise in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you obtain the best possible result. If you are seeking to engage the services of some of the very best family legal representatives Highton 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 Highton, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, 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 normally 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 just offered after a 12 month duration of separation. This 12 month separation period is to be a constant period 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 living under the same roof or if one has actually offered the other with some household services. It may be hard to establish that separation has actually happened in these circumstances and appropriately the Court will require evidence 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 person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to live in Highton indefinitely or otherwise be able to provide evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been married for less than 2 years, the Court requires the parties to attend 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 proper plans 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 home, and under the age of 18.
As soon as a Divorce has been given the Divorce ends up being efficient 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 where to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Highton
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the beginning of any Court proceedings the parties are needed to attend, take part and make a genuine effort in resolving any parenting issues at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, further negotiations can be set up with the help of solicitor, mediators and counsellors Highton.
If no agreement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to relate to the best interests of the kid as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are met by:
ensuring that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the maximum degree consistent with the very best interest of the child; and
safeguarding the kids from physical and psychological harm and from going through, or exposed to, abuse, overlook or family violence; and
making sure that children get adequate and proper parenting to help them attain their complete potential; and
making sure that moms and dads satisfy their duties, and fulfill their obligations, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court might take into account in any specific circumstances.
Why Choose Our Family Lawyers Highton VIC
We are passionate regarding providing a specialized Family Law service Highton that welcomes you, understands you as well as shows you empathy in tough times. Discover why you can be guaranteed of our commitment to your legal demands.