Accredited Family Law & Separation Specialists In Hazel Park
We understand family law. Our Family Solicitors Hazel Park have represented numerous family law clients throughout the years and act for mums, dads, grandmas, grandfathers, 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 particular proficiency in divorce, child custody and residential or commercial property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you acquire the best possible result. If you are wanting to engage the services of a few of the very best family solicitors Hazel Park has to offer, then look no further. When engaging one of our experts, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Hazel Park, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates 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 marriage has 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 files the application, or a joint application where both parties submit the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and indicates 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 deal with 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 living under the exact same roof or if one has actually supplied the other with some home services. It might be challenging to develop that separation has actually taken place in these scenarios and appropriately the Court will require evidence 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 citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to reside in Hazel Park forever or otherwise have the ability to supply proof that you lived in Australian for a minimum of 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 go to 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 actually been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that home, and under the age of 18.
As soon as a Divorce has been given the Divorce becomes effective one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration might be approved in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Hazel Park
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are needed to go to, get involved and make an authentic attempt in resolving any parenting problems at a family dispute 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 contract can be reached, further negotiations can be set up with the assistance of lawyer, arbitrators and counsellors Hazel Park.
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 require confirmation that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must regard the very best interests of the child as the critical consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum degree constant with the best interest of the kid; and
protecting the children from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that children get adequate and correct parenting to assist them attain their full potential; and
making sure that parents fulfil their duties, and fulfill their responsibilities, concerning the care, well-being and development of their kids.
There are other elements that the Court might consider in any specific circumstances.
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