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Domestic Violence Lawyer Gentle Annie VIC

Domestic Violence Lawyer Gentle Annie VIC

Accredited Family Law & Divorce Specialists In Gentle Annie

We know family law. Our Family Solicitors Gentle Annie have represented numerous family law clients over the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having particular know-how in divorce, child custody and residential or commercial property division.

We are devoted 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 procedure so that you acquire the very best possible outcome. If you are planning to engage the services of some of the best family solicitors Gentle Annie has to offer, then look no more. When engaging one of our experts, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Gentle Annie, the Family Law Act 1975 established 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 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 submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties file 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 implies more than physical separation where there is no likelihood 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 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 home services. It might be challenging to establish that separation has occurred in these scenarios 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 has to regard Australia as your home, mean to live in Gentle Annie forever or otherwise have the ability to provide 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 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 plans have actually been produced 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.

When a Divorce has actually been granted the Divorce ends up being reliable one month and one day after the Order has been made.

Once a Divorce has worked, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this duration might be approved in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Gentle Annie

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

Prior to the beginning of any Court procedures the parties are needed to participate in, participate and make a real effort in resolving any parenting issues at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If an arrangement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be organized with the help of solicitor, mediators and counsellors Gentle Annie.

If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.

In parenting matters, a Court should concern the very best interests of the kid as the vital consideration.

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

making sure that the children have the advantage of both of their parents having a meaningful participation in their lives, to the maximum level consistent with the best interest of the child; and

safeguarding the kids from physical and psychological damage and from going through, or exposed to, abuse, overlook or family violence; and

making sure that kids get adequate and appropriate parenting to help them achieve their complete potential; and

guaranteeing that parents satisfy their tasks, and satisfy their duties, concerning the care, welfare and advancement of their children.

There are other elements that the Court might consider in any particular circumstances.

Why Choose Our Domestic Violence Lawyers Gentle Annie VIC

We are passionate regarding providing a specialty domestic violence lawyer Gentle Annie service that welcomes you, understands you and shows you empathy in difficult times. Find out why you can be guaranteed of our commitment to your legal demands.

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