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Family Lawyer Hepburn VIC

Family Lawyer Hepburn VIC

Accredited Family Law & Separation Specialists In Hepburn

We know family law. Our Family Lawyers Hepburn have actually represented hundreds of family law customers over the years and act for mums, fathers, grandmothers, grandpas, married 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 specific knowledge in divorce, child custody and home division.

We are committed to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you get the very best possible result. If you are seeking to engage the services of a few of the best family lawyers Hepburn has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Hepburn, 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 abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.

Any application for Divorce is normally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties submit the application together.

An application for Divorce is just offered after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and implies 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 handle 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 very same roof or if one has provided the other with some home services. It may be challenging to develop that separation has happened in these circumstances and appropriately the Court will require 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 have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to reside in Hepburn forever or otherwise be able to offer evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances 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 need to think about 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 dealt with as a member of that household, and under the age of 18.

As soon as a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has been made.

When a Divorce has worked, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration may be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Hepburn

Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.

Prior to the commencement of any Court procedures the parties are needed to participate in, get involved and make a genuine 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 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 assistance of solicitor, mediators and counsellors Hepburn.

If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court should regard the best interests of the kid as the paramount consideration.

According to area 60B of the Family Law Act 1975, the best interests of the children are met by:

guaranteeing that the children have the advantage of both of their parents having a meaningful participation in their lives, to the optimum level constant with the best interest of the kid; and

protecting the kids from physical and mental damage and from being subjected to, or exposed to, abuse, disregard or family violence; and

ensuring that children receive appropriate and proper parenting to assist them achieve their full potential; and

ensuring that moms and dads fulfil their responsibilities, and satisfy their duties, concerning the care, welfare and development of their kids.

There are other aspects that the Court may consider in any specific circumstances.

Why Choose Our Family Lawyers Hepburn VIC

We are passionate about offering a specialized Family Law service Hepburn that welcomes you, understands you and also shows you empathy in hard times. Find out why you can be assured of our dedication to your legal demands.

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