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Domestic Violence Lawyer Fern Hill VIC

Domestic Violence Lawyer Fern Hill VIC

Accredited Family Law & Divorce Specialists In Fern Hill

We know family law. Our Family Lawyers Fern Hill have actually represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable 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 dedicated to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you get the very best possible outcome. If you are seeking to engage the services of a few of the best family legal representatives Fern Hill has to offer, then look no further. 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 marriage.

In Fern Hill, 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 adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is generally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties submit the application together.

An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a constant period and indicates more than physical separation where there is no likelihood 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 actually 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 actually supplied the other with some family services. It might be tough to establish that separation has taken place 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 partner will have 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 live in Fern Hill forever or otherwise be able to provide proof that you lived in Australian for at least 12 months prior to the filing of the application.

In instances where a couple has actually been married for less than 2 years, the Court requires the parties to go to 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 arrangements have actually 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 home, and under the age of 18.

Once a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has actually been made.

As soon as a Divorce has worked, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Fern Hill

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

Prior to the start of any Court procedures the parties are required to participate in, get involved and make a real attempt in solving any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an arrangement 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 arranged with the help of solicitor, mediators and counsellors Fern Hill.

If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need 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 commencement of Court procedures.

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

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

ensuring that the children have the advantage of both of their parents having a significant participation in their lives, to the optimum extent consistent with the very best interest of the child; and

safeguarding the kids from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and

guaranteeing that children get appropriate and appropriate parenting to assist them accomplish their full potential; and

ensuring that parents fulfil their tasks, and satisfy their obligations, concerning the care, welfare and development of their kids.

There are other factors that the Court may take into consideration in any particular scenarios.

Why Choose Our Domestic Violence Lawyers Fern Hill VIC

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

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