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Domestic Violence Lawyer Havelock VIC

Domestic Violence Lawyer Havelock VIC

Accredited Family Law & Separation Specialists In Havelock

We know family law. Our Family Solicitors Havelock have represented numerous family law clients throughout the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having specific competence in divorce, child custody and property division.

We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you obtain the best possible result. If you are planning to engage the services of some of the best family solicitors Havelock has to offer, then look no more. When engaging among our experts, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Havelock, 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 allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has 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 marriage 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 period 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 circumstances 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 residing under the same roof or if one has offered the other with some home services. It might be difficult to establish that separation has actually taken place in these situations and accordingly the Court will require proof 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 resident by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, plan to live in Havelock indefinitely or otherwise be able to supply proof that you lived 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 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 appropriate 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 treated as a member of that family, and under the age of 18.

When a Divorce has been granted the Divorce becomes effective one month and one day after the Order has actually been made.

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

Parenting Orders Havelock

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 commencement of any Court proceedings the parties are required to go to, take part and make a genuine effort in solving any parenting concerns at a family dispute resolution conference. Following completion of this conference, a Certificate is provided 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, even more negotiations can be set up with the assistance of lawyer, arbitrators and counsellors Havelock.

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 confirmation that the parties have actually tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court should regard the best interests of the child as the vital consideration.

According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:

guaranteeing that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the optimum level constant with the best interest of the child; and

securing the children from physical and mental damage and from undergoing, or exposed to, abuse, overlook or family violence; and

making sure that kids receive sufficient and appropriate parenting to assist them achieve their full potential; and

making sure that parents satisfy their responsibilities, and meet their duties, concerning the care, well-being and advancement of their children.

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

Why Choose Our Domestic Violence Lawyers Havelock VIC

We are passionate regarding offering a specialty domestic violence lawyer Havelock service that welcomes you, understands you and also shows you empathy in challenging times. Learn why you can be guaranteed of our commitment to your legal demands.

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