Accredited Family Law & Separation Specialists In Hidden Valley
We understand family law. Our Family Solicitors Hidden Valley have represented hundreds of family law customers for many years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having particular proficiency in divorce, child custody and property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you acquire the best possible outcome. If you are seeking to engage the services of a few of the best family legal representatives Hidden Valley has to offer, then look no further. When engaging one of our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Hidden Valley, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion 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 file the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation duration is to be a constant period and means 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 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 actually supplied the other with some household services. It might be tough 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 duration of 12 months of separation, either you or your partner will need 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 reside in Hidden Valley forever or otherwise be able to supply proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has been married 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 have to think about that appropriate plans have actually been made for any child of the marital relationship, 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 been granted the Divorce becomes effective one month and one day after the Order has been made.
When a Divorce has 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 Hidden Valley
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the beginning of any Court procedures the parties are needed to participate in, get involved and make a real attempt in fixing any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Permission Orders. If no agreement can be reached, even more negotiations can be organized with the support of solicitor, conciliators and counsellors Hidden Valley.
If no contract can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court should relate to the very best interests of the child as the vital consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are met by:
guaranteeing that the children have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum extent constant with the best interest of the child; and
securing the children from physical and psychological harm and from going through, or exposed to, abuse, overlook or family violence; and
making sure that children get appropriate and appropriate parenting to help them accomplish their complete potential; and
guaranteeing that moms and dads fulfil their duties, and fulfill their obligations, concerning the care, well-being and development of their kids.
There are other elements that the Court may take into consideration in any specific situations.
Why Choose Our Domestic Violence Lawyers Hidden Valley VIC
We are passionate about giving a specialized domestic violence lawyer Hidden Valley service that welcomes you, understands you and shows you empathy in difficult times. Discover why you can be guaranteed of our commitment to your legal requirements.