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Domestic Violence Lawyer Frankston East VIC

Domestic Violence Lawyer Frankston East VIC

Accredited Family Law & Divorce Specialists In Frankston East

We know family law. Our Family Solicitors Frankston East have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having specific know-how in divorce, child custody and home division.

We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible outcome. If you are looking to engage the services of some of the best family legal representatives Frankston East has to offer, then look no further. When engaging among our professionals, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Frankston East, 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 adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.

Any application for Divorce is usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files 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 constant duration and suggests 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 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 same roof or if one has provided the other with some family services. It may be tough to develop that separation has actually occurred in these scenarios and appropriately the Court will need evidence in assistance of the application.

In addition to the requirements of a period 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 developed, you or your spouse needs to regard Australia as your home, plan to live in Frankston East forever or otherwise have the ability to offer proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In instances 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 have to consider that appropriate plans have been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that household, and under the age of 18.

As soon as a Divorce has been given the Divorce becomes efficient one month and one day after the Order has been made.

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

Parenting Orders Frankston East

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

Prior to the commencement of any Court proceedings the parties are needed to go to, take part and make a genuine attempt in fixing any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released 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 set up with the assistance of solicitor, conciliators and counsellors Frankston East.

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 require verification that the parties have 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 must concern the very best interests of the child as the vital factor to consider.

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

guaranteeing that the children have the advantage of both of their parents 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 mental harm and from going through, or exposed to, abuse, neglect or family violence; and

ensuring that children receive sufficient and correct parenting to help them achieve their full potential; and

making sure that moms and dads fulfil their tasks, and fulfill their responsibilities, concerning the care, welfare and advancement of their children.

There are other elements that the Court may take into account in any specific circumstances.

Why Choose Our Domestic Violence Lawyers Frankston East VIC

We are passionate about offering a specialty domestic violence lawyer Frankston East service that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal needs.

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Denise Dwyer Lawyers
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Phone:
379B Nepean Hwy, Frankston Victoria 3199, Australia

 

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