Accredited Family Law & Divorce Specialists In Hillcrest
We know family law. Our Family Lawyers Hillcrest have actually represented numerous family law clients for many years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular competence in divorce, child custody and property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you obtain the best possible outcome. If you are looking to engage the services of a few of the very best family legal representatives Hillcrest has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Hillcrest, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are unimportant. 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 marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation period is to be a continuous period and means 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 actually 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 actually supplied the other with some home services. It might be tough to develop that separation has actually occurred in these scenarios and accordingly the Court will require proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, mean to reside in Hillcrest indefinitely or otherwise have the ability to supply evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has been married for less than 2 years, the Court needs 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 correct plans have actually been made for 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 family, and under the age of 18.
When a Divorce has actually been given the Divorce becomes reliable one month and one day after the Order has actually been made.
As soon as a Divorce has actually taken effect, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period may be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Hillcrest
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 commencement of any Court proceedings the parties are needed to go to, participate and make a real effort in solving any parenting problems at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no contract can be reached, further negotiations can be arranged with the help of lawyer, arbitrators and counsellors Hillcrest.
If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must regard the best interests of the child as the critical factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the benefit of both of their parents having a significant participation in their lives, to the maximum extent consistent with the very best interest of the kid; and
protecting the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
guaranteeing that children receive appropriate and appropriate parenting to help them attain their complete potential; and
guaranteeing that parents satisfy their responsibilities, and satisfy their responsibilities, concerning the care, well-being and development of their children.
There are other aspects that the Court might take into consideration in any specific circumstances.
Why Choose Our Family Lawyers Hillcrest VIC
We are passionate about providing a specialty Family Law service Hillcrest that welcomes you, understands you and also shows you empathy in hard times. Discover why you can be guaranteed of our dedication to your legal requirements.