Accredited Family Law & Separation Specialists In Christmas Hills
We understand family law. Our Family Solicitors Christmas Hills have represented numerous family law clients throughout the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having particular proficiency 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 possible, then we will represent you skillfully throughout the Court process so that you get the very best possible result. If you are aiming to engage the services of a few of the best family solicitors Christmas Hills has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Christmas Hills, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually 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 marital relationship 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 means more than physical separation where there is no possibility 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 residing under the exact same roof or if one has offered the other with some household services. It might be hard to establish that separation has actually happened in these situations 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 resident by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to reside in Christmas Hills forever or otherwise have the ability to provide 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 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 think about that correct 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 home, and under the age of 18.
Once a Divorce has actually been given the Divorce becomes efficient one month and one day after the Order has actually been made.
As soon as a Divorce has actually worked, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration may be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Christmas Hills
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the commencement of any Court proceedings the parties are required to attend, get involved and make an authentic effort in resolving any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, further settlements can be set up with the support of lawyer, mediators and counsellors Christmas Hills.
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 actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should regard the very best interests of the kid as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the children have the advantage of both of their moms and dads having a meaningful participation in their lives, to the maximum degree consistent with the very best interest of the kid; and
safeguarding the kids from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
making sure that kids receive sufficient and proper parenting to assist them attain their complete potential; and
making sure that parents satisfy their duties, and satisfy their duties, concerning the care, well-being and development of their children.
There are other factors that the Court may consider in any particular circumstances.
Why Choose Our Family Lawyers Christmas Hills VIC
We are passionate about providing a specialty Family Law service Christmas Hills that welcomes you, understands you as well as shows you empathy in challenging times. Learn why you can be assured of our dedication to your legal requirements.