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Domestic Violence Lawyer Eurack VIC

Domestic Violence Lawyer Eurack VIC

Accredited Family Law & Divorce Specialists In Eurack

We understand family law. Our Family Lawyers Eurack have represented hundreds of family law clients over the years and act for mums, fathers, grandmothers, grandpas, 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 particular know-how in divorce, child custody and property division.

We are committed to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you get the best possible result. If you are looking to engage the services of a few of the best family solicitors Eurack has to offer, then look no more. When engaging one of 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 Eurack, the Family Law Act 1975 developed 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 irrelevant. The only ground for Divorce is that the marriage has 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 submits the application, or a joint application where both parties file the application together.

An application for Divorce is only 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 probability 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 living under the very same roof or if one has offered the other with some family services. It may be hard to establish that separation has happened in these scenarios and appropriately the Court will require proof 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 person by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, mean to reside in Eurack forever or otherwise be able to supply proof that you resided in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has actually been wed 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 have to consider that correct plans have been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that household, and under the age of 18.

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

When a Divorce has actually taken effect, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period might be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Eurack

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

Prior to the start of any Court procedures the parties are required to attend, get involved and make a genuine effort in dealing with any parenting problems at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be set up with the help of lawyer, mediators and counsellors Eurack.

If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.

In parenting matters, a Court must relate to the best interests of the kid as the critical factor to consider.

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 optimum level consistent with the best interest of the child; and

protecting the children from physical and psychological damage and from going through, or exposed to, abuse, disregard 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 duties, and satisfy their obligations, concerning the care, welfare and advancement of their kids.

There are other aspects that the Court might take into consideration in any particular circumstances.

Why Choose Our Domestic Violence Lawyers Eurack VIC

We are passionate about giving a specialized domestic violence lawyer Eurack service that welcomes you, understands you as well as shows you empathy in hard times. Learn why you can be guaranteed of our commitment to your legal demands.

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