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Family Lawyer Huntly VIC

Family Lawyer Huntly VIC

Accredited Family Law & Divorce Specialists In Huntly

We know family law. Our Family Solicitors Huntly have represented numerous family law clients over the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having specific expertise in divorce, child custody and property 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 skillfully throughout the Court process so that you acquire the best possible result. If you are planning to engage the services of some of the best family lawyers Huntly has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Huntly, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle 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 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 offered after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and implies more than physical separation where there is no likelihood of reconciliation.

The application can be opposed in scenarios 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 very same roof or if one has actually offered the other with some family services. It may be hard to establish that separation has occurred in these situations and accordingly the Court will require 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 resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to reside in Huntly indefinitely 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 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 have to think about that appropriate arrangements have 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.

Once a Divorce has actually been granted the Divorce ends up being effective one month and one day after the Order has been made.

When a Divorce has actually taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. 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 Huntly

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

Prior to the commencement of any Court proceedings the parties are required to attend, take part and make a genuine effort in solving any parenting problems at a household dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an agreement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more negotiations can be organized with the help of lawyer, conciliators and counsellors Huntly.

If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court needs to concern the very best interests of the kid as the vital consideration.

According to area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:

making sure that the children have the benefit of both of their parents having a significant involvement in their lives, to the optimum level consistent with the best interest of the kid; and

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

ensuring that kids get adequate and correct parenting to assist them accomplish their complete potential; and

ensuring that parents satisfy their duties, and meet their responsibilities, concerning the care, well-being and development of their kids.

There are other aspects that the Court may take into account in any specific circumstances.

Why Choose Our Family Lawyers Huntly VIC

We are passionate regarding giving a specialized Family Law service Huntly that welcomes you, understands you as well as shows you empathy in challenging times. Figure out why you can be guaranteed of our dedication to your legal requirements.

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