Accredited Family Law & Divorce Specialists In Hawthorn West
We know family law. Our Family Solicitors Hawthorn West have represented numerous family law clients for many years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having specific 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 achievable, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible result. If you are looking to engage the services of some of the very best family solicitors Hawthorn West has to offer, then look no further. When engaging among our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Hawthorn West, 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 marriage has actually broken down irretrievably.
Any application for Divorce is generally 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 file 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 duration and means 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 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 might be hard to develop that separation has happened in these situations and appropriately 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 spouse will have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, plan to reside in Hawthorn West indefinitely or otherwise have the ability to offer evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances 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 need to consider that correct plans have been produced 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 effective one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration might be given in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Hawthorn West
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court proceedings the parties are required to attend, get involved and make an authentic effort in dealing with any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, even more negotiations can be arranged with the help of lawyer, conciliators and counsellors Hawthorn West.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court must concern the very best interests of the child as the vital consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the children have the advantage of both of their moms and dads having a meaningful participation in their lives, to the optimum degree consistent with the very best interest of the child; and
protecting the kids from physical and psychological harm and from undergoing, or exposed to, abuse, neglect or family violence; and
making sure that kids get adequate and proper parenting to help them achieve their complete potential; and
making sure that parents fulfil their tasks, and meet their duties, concerning the care, well-being and advancement of their children.
There are other elements that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Hawthorn West VIC
We are passionate about giving a specialized Family Law service Hawthorn West that welcomes you, understands you as well as shows you empathy in tough times. Find out why you can be guaranteed of our dedication to your legal requirements.