Accredited Family Law & Separation Specialists In Hoddles Creek
We understand family law. Our Family Lawyers Hoddles Creek have 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 knowledge in divorce, child custody and home division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you get the very best possible outcome. If you are aiming to engage the services of some of the best family legal representatives Hoddles Creek has to offer, then look no more. When engaging among our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Hoddles Creek, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations 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 usually 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 period 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 situations where the Court does not have jurisdiction to deal with 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 provided the other with some household services. It may be difficult to establish that separation has taken place in these situations and appropriately the Court will need evidence in support 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 citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to reside in Hoddles Creek indefinitely or otherwise have the ability 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 actually been married for less than 2 years, the Court needs 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 have to consider that proper arrangements have actually been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that home, and under the age of 18.
Once a Divorce has been approved the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period might be given in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Hoddles Creek
Applications for Parenting Orders can be brought by either or both of the parents, 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 resolving any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more negotiations can be arranged with the help of solicitor, arbitrators and counsellors Hoddles Creek.
If no agreement 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 attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to regard the very best interests of the child as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the kids have the benefit of both of their parents having a significant involvement in their lives, to the maximum level consistent with the very best interest of the child; and
protecting the kids from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
guaranteeing that children get adequate and correct parenting to help them achieve their full potential; and
guaranteeing that parents fulfil their duties, and fulfill their duties, concerning the care, welfare and advancement of their children.
There are other factors that the Court might take into account in any specific situations.
Why Choose Our Family Lawyers Hoddles Creek VIC
We are passionate about providing a specialty Family Law service Hoddles Creek that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal demands.