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Domestic Violence Lawyer Huntingdale VIC

Domestic Violence Lawyer Huntingdale VIC

Accredited Family Law & Separation Specialists In Huntingdale

We know family law. Our Family Lawyers Huntingdale have represented numerous family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having specific expertise in divorce, child custody and residential or commercial property division.

We are committed to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you obtain the best possible outcome. If you are looking to engage the services of a few of the very best family solicitors Huntingdale has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Huntingdale, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates 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 actually broken down irretrievably.

Any application for Divorce is typically 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 file the application together.

An application for Divorce is only available after a 12 month duration of separation. This 12 month separation duration 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 scenarios 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 very same roof or if one has actually supplied the other with some home services. It might be challenging to establish that separation has taken place in these situations and accordingly the Court will require 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 need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to reside in Huntingdale indefinitely or otherwise have the ability to supply proof that you resided in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has actually 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 need to consider that proper arrangements have actually been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that household, 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.

When a Divorce has actually worked, there is only a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Huntingdale

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

Prior to the commencement of any Court proceedings the parties are required to go to, participate and make an authentic attempt in solving any parenting concerns at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the terms of that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, further negotiations can be organized with the support of lawyer, mediators and counsellors Huntingdale.

If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court should regard the best interests of the child as the paramount factor to consider.

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

ensuring that the kids have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum extent consistent with the very best interest of the child; and

securing the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, disregard or family violence; and

ensuring that children receive sufficient and appropriate parenting to assist them accomplish their full potential; and

making sure that moms and dads satisfy their tasks, and meet their obligations, concerning the care, welfare and development of their kids.

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

Why Choose Our Domestic Violence Lawyers Huntingdale VIC

We are passionate regarding giving a specialized domestic violence lawyer Huntingdale service that welcomes you, understands you and shows you empathy in challenging times. Learn why you can be assured of our dedication to your legal demands.

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