Accredited Family Law & Separation Specialists In Hepburn
We understand family law. Our Family Lawyers Hepburn have represented numerous family law customers for many years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having particular competence in divorce, child custody and home division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you acquire the best possible result. If you are looking to engage the services of a few of the very best family solicitors Hepburn has to offer, then look no more. When engaging among our specialists, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Hepburn, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations 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 typically submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties file the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and indicates more than physical separation where there is no probability of reconciliation.
The application can be opposed in situations where the Court does not have jurisdiction to deal with 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 might be challenging to establish that separation has actually occurred in these circumstances and accordingly the Court will require proof in support of the application.
In addition to the requirements of a duration 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 established, you or your spouse has to regard Australia as your home, mean to reside in Hepburn forever or otherwise be able to supply proof that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been wed 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 have to think about that proper arrangements 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 family, and under the age of 18.
Once a Divorce has been approved the Divorce becomes effective one month and one day after the Order has actually been made.
As soon as a Divorce has actually worked, there is only a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this period might be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Hepburn
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the start of any Court procedures the parties are needed to go to, participate and make an authentic effort in resolving any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more negotiations can be organized with the help of solicitor, arbitrators and counsellors Hepburn.
If no contract can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to concern the very best interests of the child as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the kids have the advantage of both of their moms and dads having a meaningful participation in their lives, to the optimum level consistent with the best interest of the kid; and
safeguarding the kids from physical and psychological harm and from going through, or exposed to, abuse, neglect or family violence; and
making sure that children receive appropriate and proper parenting to help them attain their complete potential; and
making sure that moms and dads satisfy their responsibilities, and satisfy their duties, concerning the care, welfare and advancement of their children.
There are other elements that the Court might take into consideration in any specific circumstances.
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