Accredited Family Law & Separation Specialists In Howqua Hills
We know family law. Our Family Solicitors Howqua Hills have actually represented numerous family law customers over the years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having specific expertise in divorce, child custody and home division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you get the very best possible outcome. If you are planning to engage the services of a few of the best family legal representatives Howqua Hills has to offer, then look no more. When engaging among our professionals, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Howqua Hills, the Family Law Act 1975 developed 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 allegations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties submit the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation period is to be a continuous duration and indicates more than physical separation where there is no likelihood 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 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 provided the other with some home services. It may be tough to develop that separation has taken place in these circumstances 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 spouse will have to be an Australia citizen 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 Howqua Hills indefinitely or otherwise have the ability to supply 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 requires 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 correct 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 treated as a member of that household, and under the age of 18.
When a Divorce has been given the Divorce ends up being reliable one month and one day after the Order has been made.
As soon as 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 granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Howqua Hills
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 beginning of any Court procedures the parties are needed to attend, participate and make a real effort in resolving any parenting issues at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, even more settlements can be organized with the help of lawyer, mediators and counsellors Howqua Hills.
If no arrangement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must concern the very best interests of the kid as the paramount factor to consider.
Inning accordance with section 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 meaningful involvement in their lives, to the maximum extent consistent with the best interest of the child; and
protecting the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
making sure that children receive sufficient and proper parenting to help them attain their complete potential; and
guaranteeing that moms and dads fulfil their responsibilities, and fulfill their duties, concerning the care, welfare and development of their children.
There are other aspects that the Court might take into account in any specific situations.
Why Choose Our Family Lawyers Howqua Hills VIC
We are passionate regarding giving a specialized Family Law service Howqua Hills that welcomes you, understands you and also shows you empathy in challenging times. Discover why you can be assured of our commitment to your legal demands.