Accredited Family Law & Divorce Specialists In Hollands Landing
We understand family law. Our Family Lawyers Hollands Landing have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable 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 dedicated 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 obtain the best possible outcome. If you are looking to engage the services of some of the very best family solicitors Hollands Landing has to offer, then look no more. When engaging among our professionals, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Hollands Landing, 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 accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually 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 marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and means more than physical separation where there is no likelihood 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 not been separated for more than 12 months.
An application can still be made while the parties are residing under the same roof or if one has provided the other with some family services. It may be challenging to establish that separation has actually taken place in these scenarios and appropriately the Court will require proof in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to live in Hollands Landing forever or otherwise have the ability to supply evidence 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 needs 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 appropriate arrangements have 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 home, 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 actually been made.
When a Divorce has actually taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this duration may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Hollands Landing
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are required to go to, take part and make a real effort in solving any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no arrangement can be reached, further settlements can be arranged with the help of solicitor, arbitrators and counsellors Hollands Landing.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should concern the best interests of the kid as the critical consideration.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the children have the advantage of both of their parents having a significant involvement in their lives, to the maximum degree constant with the very best interest of the child; and
protecting the kids from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids receive adequate and correct parenting to assist them achieve their full potential; and
ensuring that parents satisfy their duties, and meet their obligations, concerning the care, well-being and advancement of their children.
There are other elements that the Court may take into account in any particular scenarios.
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