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Domestic Violence Lawyer Fairhaven VIC

Domestic Violence Lawyer Fairhaven VIC

Accredited Family Law & Divorce Specialists In Fairhaven

We understand family law. Our Family Lawyers Fairhaven have actually represented numerous family law customers throughout the years and act for mums, dads, 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 expertise 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 attainable, then we will represent you skillfully throughout the Court process so that you get the very best possible result. If you are wanting to engage the services of a few of the best family lawyers Fairhaven has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Fairhaven, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.

Any application for Divorce is typically 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 submit the application together.

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

The application can be opposed in situations 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 very same roof or if one has actually provided the other with some family services. It may be challenging to develop that separation has actually happened in these scenarios and appropriately the Court will need proof in assistance of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your partner will need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, plan to reside in Fairhaven forever or otherwise be able to offer evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances where a couple has 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 need to consider that proper arrangements have 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 treated as a member of that household, and under the age of 18.

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

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

Parenting Orders Fairhaven

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

Prior to the commencement of any Court proceedings the parties are required to go to, take part and make a real effort in fixing any parenting concerns at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no arrangement can be reached, further settlements can be set up with the help of lawyer, arbitrators and counsellors Fairhaven.

If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require confirmation 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 commencement of Court proceedings.

In parenting matters, a Court should relate to the best interests of the kid as the vital consideration.

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

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

securing the kids from physical and psychological harm and from undergoing, or exposed to, abuse, neglect or family violence; and

ensuring that kids get adequate and appropriate parenting to assist 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 children.

There are other factors that the Court might take into consideration in any specific scenarios.

Why Choose Our Domestic Violence Lawyers Fairhaven VIC

We are passionate about giving a specialized domestic violence lawyer Fairhaven service that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be guaranteed of our commitment to your legal needs.

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