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Family Lawyer Hopetoun Gardens VIC

Family Lawyer Hopetoun Gardens VIC

Accredited Family Law & Divorce Specialists In Hopetoun Gardens

We know family law. Our Family Lawyers Hopetoun Gardens have represented hundreds of family law customers for many years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having particular know-how in divorce, child custody and home division.

We are devoted 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 seeking to engage the services of a few of the very best family legal representatives Hopetoun Gardens has to offer, then look no further. When engaging among our specialists, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Hopetoun Gardens, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are unimportant. 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 offered after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and means more than physical separation where there is no possibility of reconciliation.

The application can be opposed in circumstances 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 residing under the same roof or if one has actually offered the other with some household services. It may be challenging to develop that separation has happened in these circumstances and accordingly 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to reside in Hopetoun Gardens forever or otherwise have the ability to supply proof 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 wed 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 appropriate arrangements 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 approved the Divorce ends up being effective one month and one day after the Order has actually been made.

As soon as a Divorce has actually worked, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in circumstances where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Hopetoun Gardens

Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.

Prior to the commencement of any Court proceedings the parties are needed to participate in, get involved and make a genuine attempt in fixing any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If a contract is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, further negotiations can be organized with the help of solicitor, arbitrators and counsellors Hopetoun Gardens.

If no contract can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.

In parenting matters, a Court must regard the best interests of the child as the paramount factor to consider.

Inning accordance with section 60B of the Family Law Act 1975, the very 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 constant with the best interest of the kid; and

securing the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, neglect or family violence; and

making sure that kids get adequate and appropriate parenting to assist them achieve their complete potential; and

guaranteeing that moms and dads satisfy their duties, and satisfy their responsibilities, concerning the care, well-being and development of their kids.

There are other aspects that the Court may take into consideration in any specific scenarios.

Why Choose Our Family Lawyers Hopetoun Gardens VIC

We are passionate regarding providing a specialty Family Law service Hopetoun Gardens that welcomes you, understands you and shows you empathy in tough times. Find out why you can be assured of our commitment to your legal requirements.

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