Accredited Family Law & Divorce Specialists In Big Hill
We understand family law. Our Family Lawyers Big Hill have 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 knowledgeable family law and divorce solicitors can represent you in all elements of family law, having specific knowledge in divorce, child custody and property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you acquire the very best possible outcome. If you are wanting to engage the services of a few of the very best family legal representatives Big Hill has to offer, then look no further. When engaging among our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Big Hill, 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 allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is typically filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties file the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation duration is to be a constant period and means more than physical separation where there is no possibility 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 residing under the very same roof or if one has actually provided the other with some family services. It may be difficult to develop that separation has occurred in these situations and accordingly the Court will require evidence in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner 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, intend to reside in Big Hill forever or otherwise be able to supply proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually 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 proper arrangements have been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that household, and under the age of 18.
As soon as a Divorce has been approved the Divorce becomes reliable one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is just a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Big Hill
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to go to, take part and make an authentic effort in solving any parenting issues at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, further settlements can be arranged with the support of lawyer, arbitrators and counsellors Big Hill.
If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have attempted a disagreement 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 must regard the best interests of the kid as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the children have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum extent consistent with the very best interest of the child; and
safeguarding the children from physical and psychological harm and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that kids get sufficient and appropriate parenting to assist them attain their complete potential; and
making sure that moms and dads satisfy their duties, and fulfill their obligations, concerning the care, welfare and development of their children.
There are other factors that the Court may take into account in any particular circumstances.
Why Choose Our Family Lawyers Big Hill VIC
We are passionate about offering a specialty Prenup Big Hill service that welcomes you, understands you and shows you empathy in challenging times. Figure out why you can be assured of our dedication to your legal needs.