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Domestic Violence Lawyer Ellaswood VIC

Domestic Violence Lawyer Ellaswood VIC

Accredited Family Law & Separation Specialists In Ellaswood

We know family law. Our Family Solicitors Ellaswood have actually represented hundreds of family law clients throughout the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having particular knowledge in divorce, child custody and residential or commercial property division.

We are devoted to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you acquire the best possible result. If you are planning to engage the services of a few of the best family lawyers Ellaswood has to offer, then look no further. When engaging among our professionals, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Ellaswood, the Family Law Act 1975 developed 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 allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has 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 submits the application, or a joint application where both parties submit the application together.

An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and indicates more than physical separation where there is no probability 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 exact same roof or if one has actually offered the other with some family services. It might be challenging to establish that separation has actually taken place in these circumstances and appropriately the Court will require proof 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 person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to live in Ellaswood indefinitely or otherwise be able to offer proof that you resided 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 needs 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 think about that proper plans have actually been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that home, and under the age of 18.

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

As soon as a Divorce has taken effect, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period may be approved in situations where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Ellaswood

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

Prior to the beginning of any Court procedures the parties are required to go to, participate and make a real attempt in solving any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.

If a contract is reached the regards to that contract can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more negotiations can be set up with the support of solicitor, mediators and counsellors Ellaswood.

If no contract can be reached beyond the court system, a person 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 receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.

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

According to section 60B of the Family Law Act 1975, the 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 involvement in their lives, to the optimum extent constant with the best interest of the child; and

safeguarding the children from physical and psychological harm and from going through, or exposed to, abuse, overlook or family violence; and

ensuring that kids receive adequate and correct parenting to help them attain their complete potential; and

making sure that parents fulfil their duties, and meet their responsibilities, concerning the care, welfare and advancement of their kids.

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

Why Choose Our Domestic Violence Lawyers Ellaswood VIC

We are passionate regarding offering a specialized domestic violence lawyer Ellaswood service that welcomes you, understands you and also shows you empathy in tough times. Figure out why you can be assured of our commitment to your legal requirements.

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