Accredited Family Law & Divorce Specialists In Hurstbridge
We understand family law. Our Family Lawyers Hurstbridge have actually represented numerous family law clients throughout the years and act for mums, dads, grandmothers, grandpas, 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 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 achievable, then we will represent you expertly throughout the Court procedure so that you get the best possible result. If you are wanting to engage the services of a few of the very best family lawyers Hurstbridge has to offer, then look no more. When engaging among our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Hurstbridge, the Family Law Act 1975 established 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 accusations 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 usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties file the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation period is to be a constant period and means 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 exact same roof or if one has supplied the other with some family services. It might be tough to establish 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 duration 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 developed, you or your partner needs to regard Australia as your home, mean to live in Hurstbridge forever or otherwise have the ability to offer evidence 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 married for less than 2 years, the Court needs the parties to attend 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 proper plans have 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 dealt with as a member of that home, and under the age of 18.
When a Divorce has actually been approved the Divorce becomes efficient one month and one day after the Order has actually been made.
Once a Divorce has worked, there is only a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Hurstbridge
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a kid’s life.
Prior to the start of any Court proceedings the parties are required to participate in, participate and make a real attempt in fixing any parenting problems at a family dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, further negotiations can be arranged with the support of lawyer, mediators and counsellors Hurstbridge.
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 conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should concern the best interests of the kid as the critical factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are met by:
ensuring that the kids 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
protecting the children from physical and mental damage and from going through, or exposed to, abuse, overlook or family violence; and
making sure that children get adequate and correct parenting to assist them attain their complete potential; and
guaranteeing that parents fulfil their tasks, and fulfill their obligations, concerning the care, well-being and development of their kids.
There are other aspects that the Court may consider in any particular situations.
Why Choose Our Family Lawyers Hurstbridge VIC
We are passionate about offering a specialized Family Law service Hurstbridge that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be guaranteed of our commitment to your legal requirements.