Accredited Family Law & Divorce Specialists In Hotham Heights
We know family law. Our Family Solicitors Hotham Heights have represented hundreds of family law clients for many years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having particular competence in divorce, child custody and property 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 procedure so that you obtain the best possible outcome. If you are planning to engage the services of some of the best family legal representatives Hotham Heights has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Hotham Heights, 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 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 usually filed 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 submit the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and suggests more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios 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 same roof or if one has offered the other with some family services. It might be hard to establish that separation has taken place in these circumstances and appropriately the Court will need evidence in support 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, plan to reside in Hotham Heights indefinitely or otherwise have the ability to provide 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 married 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 have to consider that correct arrangements have been produced 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 family, and under the age of 18.
When a Divorce has actually been granted the Divorce becomes reliable one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is just a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this duration may be approved in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Hotham Heights
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to participate in, get involved and make an authentic attempt in fixing any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be organized with the help of lawyer, conciliators and counsellors Hotham Heights.
If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to concern the best interests of the kid as the critical consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the maximum extent constant with the best interest of the child; and
safeguarding the kids from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids receive appropriate and appropriate parenting to help them attain their complete potential; and
ensuring that parents satisfy their responsibilities, and satisfy their duties, concerning the care, well-being and advancement of their children.
There are other aspects that the Court might consider in any particular circumstances.
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