Accredited Family Law & Divorce Specialists In Howqua
We know family law. Our Family Solicitors Howqua have represented hundreds of family law clients over the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having particular knowledge in divorce, child custody and property division.
We are dedicated to assisting you settle your matter as quickly 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 some of the best family legal representatives Howqua has to offer, then look no more. When engaging among our experts, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Howqua, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage 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 marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and indicates 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 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 actually supplied the other with some home services. It may be hard to develop that separation has occurred in these scenarios and appropriately the Court will require proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, plan to live in Howqua forever or otherwise be able to supply proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has 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 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 dealt with as a member of that household, and under the age of 18.
Once a Divorce has actually been approved the Divorce ends up being reliable one month and one day after the Order has been made.
When a Divorce has taken effect, there is only a 12 month duration in which 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 Howqua
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 go to, participate and make a genuine effort in resolving any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be arranged with the help of lawyer, conciliators and counsellors Howqua.
If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have actually tried a disagreement resolution conference and are in invoice 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 paramount factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:
ensuring that the children have the advantage of both of their moms and dads having a significant participation in their lives, to the maximum extent consistent with the best interest of the child; and
protecting the children from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids receive adequate and correct parenting to assist them achieve their full potential; and
making sure that moms and dads fulfil their duties, and fulfill their responsibilities, concerning the care, well-being and development of their kids.
There are other elements that the Court may take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Howqua VIC
We are passionate regarding providing a specialized Family Law service Howqua that welcomes you, understands you as well as shows you empathy in difficult times. Find out why you can be assured of our commitment to your legal requirements.