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Domestic Violence Lawyer Eaglehawk VIC

Domestic Violence Lawyer Eaglehawk VIC

Accredited Family Law & Divorce Specialists In Eaglehawk

We know family law. Our Family Lawyers Eaglehawk have represented numerous family law clients throughout the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having particular competence in divorce, child custody and residential or commercial property division.

We are committed to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you acquire the very best possible result. If you are looking to engage the services of a few of the best family lawyers Eaglehawk has to offer, then look no more. When engaging one of our experts, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Eaglehawk, the Family Law Act 1975 developed 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 broken down irretrievably.

Any application for Divorce is typically 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 file the application together.

An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation period is to be a constant duration and implies more than physical separation where there is no likelihood 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 living under the same roof or if one has actually offered the other with some family services. It might be tough to develop that separation has actually taken place in these circumstances and accordingly the Court will need evidence in support of the application.

In addition to the requirements of a period of 12 months of separation, either you or your partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, mean to reside in Eaglehawk forever or otherwise have the ability to supply 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 actually 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 have to consider that correct arrangements have actually 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 household, and under the age of 18.

As soon as a Divorce has been given the Divorce becomes reliable one month and one day after the Order has been made.

Once a Divorce has taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period may be given in situations where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Eaglehawk

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

Prior to the commencement of any Court procedures the parties are needed to attend, participate and make a real effort in resolving any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If an arrangement is reached the terms of that contract can be formalised through an Application for Permission Orders. If no agreement can be reached, further negotiations can be organized with the support of solicitor, arbitrators and counsellors Eaglehawk.

If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.

In parenting matters, a Court needs to relate to the best interests of the child as the vital factor to consider.

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

making sure that the children have the benefit of both of their parents having a significant involvement in their lives, to the optimum degree constant with the best interest of the child; and

safeguarding the children from physical and mental damage and from undergoing, or exposed to, abuse, neglect or family violence; and

ensuring that kids receive sufficient and appropriate parenting to help them achieve their complete potential; and

making sure that parents satisfy their responsibilities, and meet their obligations, concerning the care, welfare and advancement of their children.

There are other factors that the Court may take into account in any specific circumstances.

Why Choose Our Domestic Violence Lawyers Eaglehawk VIC

We are passionate regarding giving a specialty domestic violence lawyer Eaglehawk service 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.

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