Accredited Family Law & Separation Specialists In Hotham Hill
We understand family law. Our Family Solicitors Hotham Hill have actually represented hundreds of family law customers throughout the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific knowledge in divorce, child custody and home 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 obtain the very best possible outcome. If you are seeking to engage the services of a few of the best family lawyers Hotham Hill has to offer, then look no more. When engaging among our specialists, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Hotham Hill, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle indicates 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 filed 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 submit the application together.
An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation duration is to be a constant period and implies 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 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 actually provided the other with some family services. It may be hard to establish that separation has actually taken place in these situations and accordingly the Court will need 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 established, you or your spouse has to regard Australia as your home, intend to live in Hotham Hill indefinitely or otherwise be able to provide proof 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 need to think about that proper plans 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 household, and under the age of 18.
Once a Divorce has actually been given the Divorce ends up being effective one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is just a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this duration may be approved in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Hotham Hill
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 start of any Court procedures the parties are needed to participate in, get involved and make a genuine attempt in solving any parenting issues at a family dispute 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 Approval Orders. If no arrangement can be reached, even more negotiations can be arranged with the support of solicitor, conciliators and counsellors Hotham Hill.
If no agreement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have tried a disagreement resolution conference and are in receipt 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 satisfied by:
making sure that the children have the advantage of both of their parents having a meaningful participation in their lives, to the maximum extent consistent with the very best interest of the child; and
safeguarding the kids from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and
making sure that children receive appropriate and appropriate parenting to help them attain their complete potential; and
making sure that parents satisfy their responsibilities, and satisfy their responsibilities, concerning the care, well-being and development of their kids.
There are other factors that the Court may take into account in any particular scenarios.
Why Choose Our Family Lawyers Hotham Hill VIC
We are passionate regarding giving a specialty Family Law service Hotham Hill that welcomes you, understands you and shows you empathy in hard times. Learn why you can be assured of our commitment to your legal demands.