Accredited Family Law & Divorce Specialists In Hawksburn
We understand family law. Our Family Lawyers Hawksburn have actually represented numerous family law clients over the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having particular expertise in divorce, child custody and residential or commercial property division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you get the best possible result. If you are seeking to engage the services of a few of the best family solicitors Hawksburn has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Hawksburn, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage 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 marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and means 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 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 same roof or if one has provided the other with some home services. It may be difficult to establish that separation has taken place in these situations and accordingly the Court will require proof in assistance 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 developed, you or your partner needs to regard Australia as your home, mean to reside in Hawksburn indefinitely or otherwise be able to provide evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been wed 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 have to think about that correct plans have actually 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 household, and under the age of 18.
When a Divorce has actually been granted the Divorce becomes efficient one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Hawksburn
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a child’s life.
Prior to the start of any Court procedures the parties are needed to attend, participate and make an authentic attempt in dealing with any parenting issues at a family disagreement resolution conference. Following completion 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 agreement can be reached, even more settlements can be arranged with the support of solicitor, arbitrators and counsellors Hawksburn.
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 verification that the parties have actually attempted a dispute 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 best interests of the kid as the paramount factor to consider.
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 moms and dads having a meaningful involvement in their lives, to the optimum extent consistent with the best interest of the kid; and
protecting the kids from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids get adequate and proper parenting to help them attain their complete potential; and
ensuring that moms and dads fulfil their responsibilities, and meet their obligations, concerning the care, well-being and development of their kids.
There are other aspects that the Court may consider in any specific situations.
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