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Domestic Violence Lawyer Fitzroy VIC

Domestic Violence Lawyer Fitzroy VIC

Accredited Family Law & Divorce Specialists In Fitzroy

We know family law. Our Family Solicitors Fitzroy have represented hundreds of family law clients throughout the years and act for mums, fathers, 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 know-how 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 achievable, then we will represent you expertly throughout the Court process so that you acquire the best possible outcome. If you are looking to engage the services of some of the best family legal representatives Fitzroy has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Fitzroy, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is normally filed 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 only available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and implies more than physical separation where there is no possibility 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 actually not been separated for more than 12 months.

An application can still be made while the parties are residing under the exact same roof or if one has provided the other with some household services. It might be hard to develop that separation has happened in these circumstances and appropriately the Court will need evidence 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 citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, plan to live in Fitzroy forever or otherwise be able to supply 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 actually been married for less than 2 years, the Court needs 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 have to consider that appropriate plans 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 family, and under the age of 18.

Once a Divorce has been approved 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 only a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this duration may be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Fitzroy

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

Prior to the commencement of any Court proceedings the parties are needed to go to, get involved and make a genuine attempt in solving any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no contract can be reached, even more negotiations can be set up with the assistance of lawyer, mediators and counsellors Fitzroy.

If no contract can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.

In parenting matters, a Court should concern the very best interests of the kid as the critical factor to consider.

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

guaranteeing that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum extent consistent with the very best interest of the kid; and

safeguarding the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, disregard or family violence; and

guaranteeing that children receive sufficient and proper parenting to assist them attain their full potential; and

making sure that parents satisfy their tasks, and fulfill their duties, concerning the care, welfare and development of their kids.

There are other factors that the Court may consider in any particular circumstances.

Why Choose Our Domestic Violence Lawyers Fitzroy VIC

We are passionate about providing a specialty domestic violence lawyer Fitzroy service that welcomes you, understands you as well as shows you empathy in tough times. Figure out why you can be assured of our dedication to your legal needs.

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