Accredited Family Law & Divorce Specialists In Hawthorn West
We know family law. Our Family Solicitors Hawthorn West 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 legal representatives can represent you in all aspects of family law, having specific know-how 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 process so that you acquire the very best possible outcome. If you are looking to engage the services of a few of the best family legal representatives Hawthorn West has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Hawthorn West, 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 adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally 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 submit 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 duration and suggests more than physical separation where there is no probability 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 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 offered the other with some household services. It might be difficult to establish that separation has taken place in these scenarios and accordingly the Court will require proof in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, intend to live in Hawthorn West indefinitely or otherwise have the ability to provide proof that you resided in Australian for at least 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 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 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 actually or was adopted or who is treated as a member of that family, and under the age of 18.
When a Divorce has been approved the Divorce becomes efficient one month and one day after the Order has been made.
Once a Divorce has taken effect, there is just a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period might be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Hawthorn West
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court proceedings the parties are needed to go to, participate and make an authentic attempt in solving any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be arranged with the assistance of lawyer, mediators and counsellors Hawthorn West.
If no agreement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should regard the best interests of the child as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the kids have the advantage of both of their parents having a meaningful participation in their lives, to the maximum level consistent with the best interest of the child; and
protecting the children from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids get appropriate and proper parenting to help them attain their full potential; and
making sure that moms and dads satisfy their tasks, and satisfy their duties, concerning the care, well-being and advancement of their kids.
There are other aspects that the Court might take into account in any particular scenarios.
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