Accredited Family Law & Divorce Specialists In Hunter
We know family law. Our Family Solicitors Hunter have actually represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having particular know-how in divorce, child custody and property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you acquire the best possible result. If you are wanting to engage the services of some of the best family lawyers Hunter has to offer, then look no further. When engaging among our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Hunter, the Family Law Act 1975 developed 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 accusations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage 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 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 period is to be a continuous period and implies 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 not been separated for more than 12 months.
An application can still be made while the parties are residing under the very same roof or if one has actually offered the other with some family services. It might be hard to develop that separation has actually happened in these situations and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia person 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 Hunter forever or otherwise be able to offer proof that you lived in Australian for a minimum of 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 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 need to think about 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.
As soon as a Divorce has actually been approved the Divorce becomes efficient one month and one day after the Order has actually been made.
As soon as a Divorce has actually taken effect, there is just a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period might be given in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Hunter
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 commencement of any Court procedures the parties are needed to participate in, take part and make an authentic effort in fixing any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be organized with the support of lawyer, arbitrators and counsellors Hunter.
If no agreement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to concern the best interests of the kid as the vital consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the children have the benefit of both of their parents having a significant participation in their lives, to the maximum degree consistent with the best interest of the kid; and
protecting the children from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and
making sure that kids get appropriate and correct parenting to help them achieve their complete potential; and
guaranteeing that parents fulfil their responsibilities, and fulfill their duties, concerning the care, welfare and development of their children.
There are other factors that the Court might take into account in any particular scenarios.
Why Choose Our Family Lawyers Hunter VIC
We are passionate about offering a specialty Family Law service Hunter that welcomes you, understands you and shows you empathy in tough times. Find out why you can be guaranteed of our dedication to your legal demands.