Accredited Family Law & Separation Specialists In Big Hill
We know family law. Our Family Solicitors Big Hill 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 skilled family law and divorce lawyers can represent you in all elements of family law, having specific competence in divorce, child custody and property division.
We are devoted to assisting 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 result. If you are planning to engage the services of some of the best family legal representatives Big Hill has to offer, then look no more. When engaging among our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Big Hill, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is usually submitted 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 submit the application together.
An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous period and indicates more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in circumstances 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 same roof or if one has provided the other with some home services. It might be difficult to establish that separation has actually occurred in these scenarios and accordingly the Court will require evidence in assistance 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 person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to live in Big Hill forever or otherwise be able to provide proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been married 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 need to think about that proper plans have been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that home, and under the age of 18.
Once a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has been made.
As soon as a Divorce has worked, there is just a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this duration might be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Big Hill
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a kid’s life.
Prior to the commencement of any Court procedures the parties are required to participate in, take part and make a genuine effort in fixing any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be set up with the support of lawyer, mediators and counsellors Big Hill.
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 verification that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must concern the best interests of the child as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum extent consistent with the very best interest of the child; and
protecting the children from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
making sure that kids get adequate and proper parenting to help them attain their complete potential; and
ensuring that parents satisfy their duties, and fulfill their duties, concerning the care, welfare and advancement of their children.
There are other factors that the Court might consider in any specific situations.
Why Choose Our Family Lawyers Big Hill VIC
We are passionate about giving a specialized Family Law service Big Hill that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be guaranteed of our commitment to your legal requirements.