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Family Law Advice Craigieburn VIC

Family Law Advice Craigieburn VIC

Accredited Family Law & Separation Specialists In Craigieburn

We understand family law. Our Family Lawyers Craigieburn have actually represented hundreds of family law clients throughout the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having particular proficiency in divorce, child custody and home division.

We are devoted to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you obtain the best possible result. If you are seeking to engage the services of a few of the best family legal representatives Craigieburn has to offer, then look no more. When engaging among our professionals, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Craigieburn, 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 infidelity, violence or desertion are irrelevant. 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 only available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and indicates more than physical separation where there is no possibility 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 very same roof or if one has actually supplied the other with some family services. It might be challenging to develop that separation has actually happened in these scenarios and accordingly the Court will need proof 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 citizen 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 Craigieburn indefinitely or otherwise be able to offer evidence that you lived in Australian for at least 12 months prior to the filing of the application.

In instances where a couple has actually been married for less than 2 years, the Court requires the parties to participate in 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 actually been produced 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 household, and under the age of 18.

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

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

Parenting Orders Craigieburn

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

Prior to the commencement of any Court proceedings the parties are needed to attend, participate and make a real attempt in solving any parenting issues at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an agreement is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more negotiations can be arranged with the help of solicitor, conciliators and counsellors Craigieburn.

If no agreement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.

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

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

making sure that the kids have the benefit of both of their parents having a significant involvement in their lives, to the optimum degree constant with the very best interest of the kid; and

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

guaranteeing that children receive sufficient and appropriate parenting to help them attain their complete potential; and

guaranteeing that parents fulfil their duties, and satisfy their duties, concerning the care, well-being and advancement of their kids.

There are other elements that the Court may take into consideration in any specific situations.

Why Choose Our Family Lawyers Craigieburn VIC

We are passionate regarding providing a specialty Family Law service Craigieburn that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be guaranteed of our commitment to your legal requirements.

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