Accredited Family Law & Separation Specialists In Harkaway
We know family law. Our Family Lawyers Harkaway have represented hundreds of family law customers for many years and act for mums, fathers, grandmas, grandfathers, married 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 home division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you get the best possible result. If you are aiming to engage the services of a few of the best family lawyers Harkaway has to offer, then look no further. When engaging one of 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 Harkaway, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests 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 typically submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties file 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 continuous duration and implies 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 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 household services. It may be tough to establish that separation has happened in these circumstances and accordingly the Court will need proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will have 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, intend to live in Harkaway indefinitely or otherwise have the ability to provide evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has 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 think about that proper plans have been made for any child of the marital relationship, 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 household, and under the age of 18.
As soon as a Divorce has actually been granted the Divorce ends up being efficient one month and one day after the Order has actually been made.
When a Divorce has taken effect, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period may be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Harkaway
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the beginning of any Court procedures the parties are required to attend, participate and make a genuine effort in solving any parenting issues at a household dispute 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 Consent Orders. If no agreement can be reached, even more settlements can be organized with the support of lawyer, conciliators and counsellors Harkaway.
If no contract can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require confirmation 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 start of Court proceedings.
In parenting matters, a Court should relate to the very best interests of the child as the critical factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the children have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum level constant with the very best interest of the child; and
protecting the children from physical and psychological harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
making sure that children get adequate and appropriate parenting to assist them accomplish their complete potential; and
making sure that moms and dads fulfil their tasks, and fulfill their duties, concerning the care, well-being and advancement of their children.
There are other elements that the Court might take into account in any particular situations.
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