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Domestic Violence Lawyer Eppalock VIC

Domestic Violence Lawyer Eppalock VIC

Accredited Family Law & Divorce Specialists In Eppalock

We know family law. Our Family Solicitors Eppalock have represented hundreds of family law clients over the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having specific knowledge in divorce, child custody and property division.

We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you get the very best possible outcome. If you are wanting to engage the services of some of the best family solicitors Eppalock has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

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

Any application for Divorce is typically 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 file the application together.

An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation period is to be a constant period and implies 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 handle 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 supplied the other with some household services. It may be difficult to establish that separation has happened in these scenarios and appropriately 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 spouse will have to be an Australia person 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 Eppalock indefinitely or otherwise be able to offer proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances where a couple has been married for less than 2 years, the Court requires 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 made for 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 been approved the Divorce becomes reliable one month and one day after the Order has been made.

As soon as a Divorce has taken effect, 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 granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Eppalock

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 kid’s life.

Prior to the start of any Court proceedings the parties are needed to go to, take part and make a real effort in fixing any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of that contract can be formalised through an Application for Approval Orders. If no agreement can be reached, even more settlements can be organized with the assistance of lawyer, conciliators and counsellors Eppalock.

If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.

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

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

ensuring that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the optimum degree consistent with the very best interest of the kid; and

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

guaranteeing that children receive appropriate and correct parenting to assist them achieve their full potential; and

guaranteeing that parents satisfy their tasks, and meet their duties, concerning the care, well-being and advancement of their kids.

There are other elements that the Court may take into consideration in any particular circumstances.

Why Choose Our Domestic Violence Lawyers Eppalock VIC

We are passionate regarding offering a specialized domestic violence lawyer Eppalock service that welcomes you, understands you as well as shows you empathy in hard times. Learn why you can be assured of our commitment to your legal requirements.

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