Accredited Family Law & Separation Specialists In Hollands Landing
We know family law. Our Family Lawyers Hollands Landing have represented numerous family law clients over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular competence in divorce, child custody and property division.
We are dedicated to assisting 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 result. If you are seeking to engage the services of some of the very best family lawyers Hollands Landing has to offer, then look no further. 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 Hollands Landing, the Family Law Act 1975 established 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 infidelity, 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 file the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation duration is to be a constant period 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 actually 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 supplied the other with some home services. It might be hard to develop that separation has actually occurred in these situations and appropriately the Court will need proof in support 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 resident by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, plan to live in Hollands Landing forever or otherwise be able to provide proof that you resided in Australian for at least 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 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 consider that appropriate arrangements have actually been produced any child of the marriage, 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.
As soon as a Divorce has actually been approved the Divorce ends up being effective one month and one day after the Order has been made.
Once a Divorce has taken effect, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this duration might be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Hollands Landing
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are required to go to, take part and make a real attempt in resolving any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be set up with the support of lawyer, conciliators and counsellors Hollands Landing.
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 attempted a disagreement 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 concern the very best interests of the kid as the critical consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
making sure that the children have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum extent consistent with the very best interest of the kid; and
safeguarding the children from physical and psychological harm and from undergoing, or exposed to, abuse, neglect or family violence; and
making sure that children receive sufficient and appropriate parenting to assist them achieve their complete potential; and
making sure that parents fulfil their duties, and meet their responsibilities, concerning the care, well-being and development of their children.
There are other elements that the Court may consider in any specific scenarios.
Why Choose Our Family Lawyers Hollands Landing VIC
We are passionate about offering a specialty Family Law service Hollands Landing that welcomes you, understands you and also shows you empathy in challenging times. Figure out why you can be guaranteed of our commitment to your legal demands.