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Domestic Violence Lawyer Exford VIC

Domestic Violence Lawyer Exford VIC

Accredited Family Law & Separation Specialists In Exford

We understand family law. Our Family Solicitors Exford have represented hundreds of family law clients throughout the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having specific expertise in divorce, child custody and home division.

We are committed to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you acquire the best possible outcome. If you are aiming to engage the services of a few of the best family solicitors Exford has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Exford, the Family Law Act 1975 established 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 adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship 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 marital relationship 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 period of separation. This 12 month separation period is to be a constant period and indicates 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 same roof or if one has actually supplied the other with some family services. It might be hard to develop that separation has actually taken place in these scenarios and accordingly 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 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 reside in Exford indefinitely or otherwise be able to offer proof that you resided in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has been wed 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 need to think about that appropriate plans have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that family, and under the age of 18.

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

As soon as a Divorce has actually taken effect, there is just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration may be given in scenarios where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Exford

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 start of any Court proceedings the parties are required to participate in, take part and make a genuine attempt in fixing any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If a contract is reached the regards to that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more settlements can be organized with the assistance of solicitor, conciliators and counsellors Exford.

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 tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.

In parenting matters, a Court should regard the best interests of the child as the critical factor to consider.

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

making sure that the children have the advantage of both of their parents having a meaningful participation in their lives, to the maximum extent consistent with the very best interest of the kid; and

safeguarding the kids from physical and psychological harm and from going through, or exposed to, abuse, overlook or family violence; and

making sure that kids receive sufficient and appropriate parenting to assist them attain their complete potential; and

ensuring that moms and dads satisfy their tasks, and meet their responsibilities, concerning the care, welfare and development of their kids.

There are other aspects that the Court might take into account in any particular situations.

Why Choose Our Domestic Violence Lawyers Exford VIC

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

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