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Domestic Violence Lawyer Elevated Plains VIC

Domestic Violence Lawyer Elevated Plains VIC

Accredited Family Law & Separation Specialists In Elevated Plains

We know family law. Our Family Lawyers Elevated Plains have represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having specific proficiency in divorce, child custody and residential or commercial property 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 obtain the best possible outcome. If you are wanting to engage the services of some of the very best family legal representatives Elevated Plains has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Elevated Plains, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.

Any application for Divorce is usually filed 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 offered after a 12 month duration 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 handle 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 living under the exact same roof or if one has supplied the other with some home services. It might be difficult to develop that separation has actually taken place in these scenarios and accordingly the Court will need proof 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 resident by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, plan to reside in Elevated Plains forever or otherwise be able to provide evidence that you resided in Australian for at least 12 months prior to the filing of the application.

In instances 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 have to think about that proper 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.

When a Divorce has actually been approved the Divorce becomes efficient one month and one day after the Order has been made.

Once a Divorce has actually taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period may be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Elevated Plains

Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a child’s life.

Prior to the start of any Court proceedings the parties are needed to attend, take part and make an authentic attempt in solving any parenting problems at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If an agreement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be arranged with the support of lawyer, arbitrators and counsellors Elevated Plains.

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 confirmation that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.

In parenting matters, a Court should regard the very best interests of the child as the paramount factor to consider.

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

making sure that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum level constant with the very best interest of the kid; and

protecting the children from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and

guaranteeing that children receive adequate and proper parenting to help them attain their full potential; and

ensuring that parents fulfil their duties, and meet their duties, concerning the care, welfare and development of their kids.

There are other aspects that the Court might take into consideration in any specific scenarios.

Why Choose Our Domestic Violence Lawyers Elevated Plains VIC

We are passionate regarding giving a specialty domestic violence lawyer Elevated Plains service that welcomes you, understands you as well as shows you empathy in hard times. Learn why you can be guaranteed of our dedication to your legal needs.

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