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Domestic Violence Lawyer Geelong West VIC

Domestic Violence Lawyer Geelong West VIC

Accredited Family Law & Divorce Specialists In Geelong West

We know family law. Our Family Lawyers Geelong West have actually represented numerous family law clients for many years and act for mums, dads, 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 particular know-how in divorce, child custody and home division.

We are committed to assisting you settle your matter as quickly as possible, and if that’s not attainable, 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 very best family lawyers Geelong West has to offer, then look no more. When engaging among our specialists, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Geelong West, the Family Law Act 1975 developed 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 allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship 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 submits the application, or a joint application where both parties file the application together.

An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and indicates more than physical separation where there is no likelihood of reconciliation.

The application can be opposed in situations where the Court does not have jurisdiction to deal with the matter or otherwise where the parties to the proceedings have 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 offered the other with some family services. It might be challenging to develop that separation has taken place in these situations and accordingly 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 resident by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to reside in Geelong West forever or otherwise be able to provide evidence that you lived in Australian for at least 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 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 arrangements 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.

As soon as a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has actually been made.

When a Divorce has actually taken effect, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period might be given in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Geelong West

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

Prior to the beginning of any Court proceedings the parties are required to attend, participate and make a genuine attempt in dealing with any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.

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

If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.

In parenting matters, a Court must relate to the very best interests of the kid as the paramount consideration.

Inning accordance with area 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 meaningful involvement in their lives, to the maximum level constant with the very best interest of the kid; and

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

ensuring that kids receive sufficient and appropriate parenting to assist them accomplish their complete potential; and

guaranteeing that parents fulfil their duties, and meet their responsibilities, concerning the care, well-being and development of their children.

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

Why Choose Our Domestic Violence Lawyers Geelong West VIC

We are passionate about providing a specialized domestic violence lawyer Geelong West service that welcomes you, understands you as well as shows you empathy in hard times. Find out why you can be guaranteed of our dedication to your legal needs.

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Birdsey Dedman & Bartlett
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Phone:
166a Ryrie St, Geelong Victoria 3220, Australia

 

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