Accredited Family Law & Separation Specialists In Hazelwood
We understand family law. Our Family Solicitors Hazelwood have represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having specific knowledge in divorce, child custody and property division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you get the best possible outcome. If you are aiming to engage the services of a few of the best family solicitors Hazelwood has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Hazelwood, 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 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 normally submitted 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 file the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and indicates 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 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 offered the other with some family services. It may be hard to develop that separation has taken place in these scenarios and appropriately 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 have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, plan to live in Hazelwood forever or otherwise be able to offer proof that you resided in Australian for a minimum of 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 need to consider that correct plans have 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 treated 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 worked, there is only a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Hazelwood
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the beginning of any Court procedures the parties are needed to attend, take part and make a real effort in dealing with any parenting problems at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more settlements can be set up with the assistance of solicitor, conciliators and counsellors Hazelwood.
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 verification that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court must concern the very best interests of the kid as the vital consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the kids have the advantage of both of their parents having a significant involvement in their lives, to the maximum extent constant with the best interest of the child; and
safeguarding the children from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that kids get sufficient and correct parenting to assist them attain their complete potential; and
guaranteeing that parents satisfy their duties, and fulfill their duties, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court may take into account in any particular scenarios.
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