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Domestic Violence Lawyer Eltham VIC

Domestic Violence Lawyer Eltham VIC

Accredited Family Law & Divorce Specialists In Eltham

We know family law. Our Family Solicitors Eltham have actually represented hundreds of family law clients throughout the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific expertise in divorce, child custody and property division.

We are devoted to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you acquire the very best possible outcome. If you are wanting to engage the services of a few of the best family lawyers Eltham has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Eltham, the Family Law Act 1975 established 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 accusations of infidelity, violence or desertion are unimportant. 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 marital relationship files the application, or a joint application where both parties submit the application together.

An application for Divorce is just available after a 12 month period of separation. This 12 month separation period is to be a continuous duration and suggests more than physical separation where there is no possibility of reconciliation.

The application can be opposed in circumstances 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 very same roof or if one has actually supplied the other with some family services. It might be difficult to establish that separation has actually occurred in these scenarios and accordingly the Court will need evidence in assistance of the application.

In addition to the requirements of a duration 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 established, you or your spouse needs to regard Australia as your home, plan to live in Eltham indefinitely or otherwise have the ability to offer proof that you lived in Australian for at least 12 months prior to the filing of the application.

In instances where a couple has actually been married for less than 2 years, the Court needs the parties to participate in 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 appropriate plans have been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that home, and under the age of 18.

When a Divorce has been granted the Divorce becomes reliable one month and one day after the Order has been made.

When a Divorce has actually worked, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period may be granted in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Eltham

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

Prior to the start of any Court proceedings the parties are required to attend, get involved and make a real attempt in solving any parenting issues at a household conflict 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 Consent Orders. If no contract can be reached, further negotiations can be organized with the help of lawyer, conciliators and counsellors Eltham.

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 confirmation that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.

In parenting matters, a Court needs to regard the very best interests of the kid as the vital consideration.

Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are met by:

ensuring that the kids have the advantage of both of their parents having a significant participation in their lives, to the maximum degree consistent with the best interest of the kid; and

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

making sure that kids receive sufficient and proper parenting to help them achieve their full potential; and

making sure that parents fulfil their tasks, and fulfill their responsibilities, concerning the care, well-being and advancement of their children.

There are other factors that the Court may consider in any specific situations.

Why Choose Our Domestic Violence Lawyers Eltham VIC

We are passionate regarding providing a specialized domestic violence lawyer Eltham service that welcomes you, understands you as well as shows you empathy in difficult times. Figure out why you can be assured of our dedication to your legal demands.

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