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Domestic Violence Lawyer Frankston North VIC

Domestic Violence Lawyer Frankston North VIC

Accredited Family Law & Separation Specialists In Frankston North

We know family law. Our Family Lawyers Frankston North have actually represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having particular knowledge in divorce, child custody and home division.

We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you get the best possible result. If you are wanting to engage the services of some of the very best family legal representatives Frankston North has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Frankston North, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has actually 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 just offered after a 12 month duration of separation. This 12 month separation period is to be a continuous period 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 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 residing under the exact same roof or if one has offered the other with some home services. It might be tough to establish that separation has occurred in these situations and accordingly the Court will need proof in support 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 partner needs to regard Australia as your home, intend to live in Frankston North 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 circumstances where a couple has been married 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 consider that correct arrangements 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 treated as a member of that family, and under the age of 18.

When a Divorce has been approved the Divorce becomes reliable one month and one day after the Order has been made.

Once a Divorce has taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in situations where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Frankston North

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

Prior to the beginning of any Court procedures the parties are required to participate in, take part and make a real effort in solving any parenting concerns at a family dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If an arrangement is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be set up with the support of lawyer, mediators and counsellors Frankston North.

If no agreement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.

In parenting matters, a Court needs to relate to the best interests of the child as the critical consideration.

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

ensuring that the children have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum degree constant with the very best interest of the child; and

safeguarding the kids from physical and mental damage and from being subjected to, or exposed to, abuse, overlook or family violence; and

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

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

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

Why Choose Our Domestic Violence Lawyers Frankston North VIC

We are passionate regarding providing a specialty domestic violence lawyer Frankston North service that welcomes you, understands you as well as shows you empathy in hard times. Figure out why you can be guaranteed of our commitment to your legal needs.

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