Accredited Family Law & Separation Specialists In Harcourt
We understand family law. Our Family Solicitors Harcourt have represented hundreds of family law clients for many years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific competence in divorce, child custody and residential or commercial property division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you get the very best possible outcome. If you are planning to engage the services of some of the best family lawyers Harcourt has to offer, then look no more. When engaging one of our experts, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Harcourt, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies 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 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 submits the application, or a joint application where both parties file the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation period is to be a constant duration and implies more than physical separation where there is no possibility of reconciliation.
The application can be opposed in situations where the Court does not have jurisdiction to deal with 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 exact same roof or if one has offered the other with some family services. It may be tough to establish that separation has taken place in these situations and appropriately the Court will require proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, mean to live in Harcourt forever or otherwise be able to supply evidence that you lived 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 requires 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 have to consider that proper plans have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, and under the age of 18.
Once a Divorce has actually been granted the Divorce becomes reliable one month and one day after the Order has actually been made.
Once a Divorce has actually worked, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period might be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Harcourt
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the beginning of any Court proceedings the parties are needed to attend, take part and make a real attempt in solving any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more negotiations can be arranged with the support of solicitor, conciliators and counsellors Harcourt.
If no agreement 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 actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must relate to the best interests of the child as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the maximum extent consistent with the very best interest of the kid; and
protecting the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get appropriate and correct parenting to help them attain their full potential; and
making sure that moms and dads fulfil their responsibilities, and meet their obligations, concerning the care, welfare and advancement of their kids.
There are other elements that the Court may take into consideration in any specific scenarios.
Why Choose Our Domestic Violence Lawyers Harcourt VIC
We are passionate about providing a specialized domestic violence lawyer Harcourt service that welcomes you, understands you and also shows you empathy in challenging times. Figure out why you can be assured of our commitment to your legal needs.