Accredited Family Law & Separation Specialists In Homewood
We know family law. Our Family Lawyers Homewood have represented hundreds of family law clients throughout the years and act for mums, dads, grandmothers, grandfathers, 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 specific knowledge 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 possible, then we will represent you skillfully throughout the Court process so that you get the best possible outcome. If you are seeking to engage the services of a few of the best family lawyers Homewood has to offer, then look no more. When engaging one of our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Homewood, 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 allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is generally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties file the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous 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 not been separated for more than 12 months.
An application can still be made while the parties are living under the very same roof or if one has provided the other with some household services. It might be challenging to develop that separation has taken place in these situations and appropriately the Court will need evidence in assistance 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 person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to live in Homewood forever or otherwise be able to offer evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances 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 proper plans have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that family, 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 been made.
As soon as a Divorce has actually worked, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration may be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Homewood
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the beginning of any Court procedures the parties are required to go to, take part and make a genuine effort in solving any parenting concerns at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more settlements can be arranged with the help of solicitor, arbitrators and counsellors Homewood.
If no contract can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should relate to the very best interests of the kid as the critical consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the optimum level consistent with the best interest of the kid; and
protecting the kids from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids get sufficient and appropriate parenting to assist them attain their full potential; and
ensuring that parents satisfy their tasks, and satisfy their responsibilities, concerning the care, welfare and advancement of their children.
There are other factors that the Court might take into account in any particular circumstances.
Why Choose Our Family Lawyers Homewood VIC
We are passionate regarding offering a specialty Family Law service Homewood 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 requirements.