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Domestic Violence Lawyer Epping VIC

Domestic Violence Lawyer Epping VIC

Accredited Family Law & Separation Specialists In Epping

We know family law. Our Family Solicitors Epping 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 experienced family law and divorce legal representatives can represent you in all elements of family law, having specific knowledge in divorce, child custody and property division.

We are committed to assisting 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 get the best possible result. If you are planning to engage the services of some of the very best family legal representatives Epping has to offer, then look no more. When engaging among our experts, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Epping, the Family Law Act 1975 developed 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 accusations 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 typically 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 file the application together.

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

The application can be opposed in scenarios 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 offered the other with some home services. It may be difficult to establish that separation has occurred in these situations and appropriately the Court will need proof in support of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to reside in Epping forever or otherwise be able 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 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 need to consider that correct plans have been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that family, and under the age of 18.

As soon as a Divorce has actually been granted the Divorce ends up being efficient one month and one day after the Order has actually been made.

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

Parenting Orders Epping

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

Prior to the commencement of any Court proceedings the parties are required to attend, participate and make a real attempt in solving any parenting problems at a family dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If a contract is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more negotiations can be set up with the help of lawyer, arbitrators and counsellors Epping.

If no contract can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.

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

Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:

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

protecting the kids from physical and mental damage and from going through, or exposed to, abuse, overlook or family violence; and

guaranteeing that kids get sufficient and proper parenting to help them attain their complete potential; and

making sure that moms and dads fulfil their responsibilities, and fulfill their obligations, concerning the care, welfare and development of their kids.

There are other aspects that the Court might consider in any particular scenarios.

Why Choose Our Domestic Violence Lawyers Epping VIC

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

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