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Domestic Violence Lawyer Geelong VIC

Domestic Violence Lawyer Geelong VIC

Accredited Family Law & Divorce Specialists In Geelong

We understand family law. Our Family Lawyers Geelong have represented hundreds of family law customers for many years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having particular expertise in divorce, child custody and residential or commercial property division.

We are committed to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you acquire the best possible outcome. If you are planning to engage the services of some of the best family legal representatives Geelong has to offer, then look no more. When engaging among our professionals, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Geelong, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies 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 marital relationship 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 files the application, or a joint application where both parties file the application together.

An application for Divorce is just readily available 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 scenarios 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 same roof or if one has actually offered the other with some family services. It may be challenging to establish that separation has taken place in these scenarios and accordingly the Court will require proof in support 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 developed, you or your partner needs to regard Australia as your home, mean to reside in Geelong forever or otherwise have the ability to provide proof that you lived 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 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 think about that proper plans have been made for any child of the marriage, or a child from another relationship, or a child who has actually 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 approved the Divorce ends up being reliable one month and one day after the Order has been made.

Once a Divorce has worked, there is just a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this period may be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Geelong

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 needed to attend, take part and make a real effort in fixing any parenting issues at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more negotiations can be arranged with the assistance of solicitor, conciliators and counsellors Geelong.

If no agreement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.

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

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 significant participation in their lives, to the optimum extent consistent with the best interest of the child; and

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

making sure that children get adequate and correct parenting to assist them attain their complete potential; and

making sure that parents fulfil their duties, and fulfill their duties, concerning the care, welfare and advancement of their children.

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

Why Choose Our Domestic Violence Lawyers Geelong VIC

We are passionate about giving a specialized domestic violence lawyer Geelong service that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be assured of our dedication to your legal needs.

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166a Ryrie St, Geelong Victoria 3220, Australia

 

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