Call Us 1300 241 740

Domestic Violence Lawyer Emu VIC

Domestic Violence Lawyer Emu VIC

Accredited Family Law & Divorce Specialists In Emu

We know family law. Our Family Lawyers Emu have represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandfathers, married 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 proficiency 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 possible, then we will represent you skillfully throughout the Court procedure so that you get the very best possible result. If you are wanting to engage the services of a few of the very best family solicitors Emu has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Emu, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle 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 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 period is to be a continuous duration and implies 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 living under the same roof or if one has actually offered the other with some household services. It might be challenging 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 period of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to live in Emu forever or otherwise be able to provide proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has been wed 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 consider that proper arrangements have 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 treated as a member of that home, and under the age of 18.

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

As soon as a Divorce has worked, there is only a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Emu

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 beginning of any Court procedures the parties are needed to participate in, participate and make an authentic attempt in dealing with any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If a contract is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further settlements can be organized with the help of lawyer, mediators and counsellors Emu.

If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have attempted 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 regard the very best interests of the kid as the critical consideration.

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

making sure that the kids 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

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

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

ensuring that moms and dads fulfil their responsibilities, and satisfy their duties, concerning the care, well-being and development of their kids.

There are other factors that the Court might consider in any specific circumstances.

Why Choose Our Domestic Violence Lawyers Emu VIC

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

Business Results 1 - 5 of 0

 
 

About: admin2018


Call Now ButtonCall Now