Accredited Family Law & Separation Specialists In Howitt Plains
We know family law. Our Family Lawyers Howitt Plains have actually represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having specific proficiency in divorce, child custody and property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, 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 lawyers Howitt Plains has to offer, then look no further. When engaging among 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 Howitt Plains, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is generally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation duration is to be a constant period and indicates more than physical separation where there is no likelihood 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 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 actually provided the other with some home services. It might be difficult to establish that separation has occurred in these situations and appropriately the Court will need proof in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will have 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, mean to reside in Howitt Plains forever or otherwise have the ability to offer proof that you resided in Australian for at least 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 go to 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 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 treated as a member of that home, and under the age of 18.
As soon as a Divorce has actually been granted 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 duration may be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Howitt Plains
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are needed to participate in, get involved and make a genuine attempt in dealing with any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no arrangement can be reached, further negotiations can be organized with the assistance of solicitor, arbitrators and counsellors Howitt Plains.
If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to relate to the best interests of the child as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the kids have the benefit 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
securing the kids from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that kids get adequate and correct parenting to assist them achieve their full potential; and
guaranteeing that parents fulfil their responsibilities, and meet their responsibilities, concerning the care, welfare and development of their children.
There are other factors that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Howitt Plains VIC
We are passionate about offering a specialized Family Law service Howitt Plains that welcomes you, understands you and shows you empathy in tough times. Discover why you can be guaranteed of our dedication to your legal needs.