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Family Lawyer Ardeer VIC

Family Lawyer Ardeer VIC

Accredited Family Law & Separation Specialists In Ardeer

We know family law. Our Family Lawyers Ardeer have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having specific knowledge in divorce, child custody and property division.

We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you acquire the best possible outcome. If you are wanting to engage the services of a few of the best family lawyers Ardeer has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Ardeer, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage 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 submit the application together.

An application for Divorce is just available after a 12 month period of separation. This 12 month separation duration is to be a continuous period and indicates 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 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 residing under the very same roof or if one has supplied the other with some family services. It might be challenging to establish that separation has actually occurred in these situations and accordingly the Court will require proof in support 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 developed, you or your partner has to regard Australia as your home, plan to reside in Ardeer forever or otherwise be able to offer proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has actually been wed for less than 2 years, the Court needs 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 arrangements have actually been made for 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 home, and under the age of 18.

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

Once a Divorce has taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Ardeer

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

Prior to the commencement of any Court procedures the parties are needed to participate in, participate and make a genuine attempt in resolving any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, further negotiations can be set up with the assistance of lawyer, conciliators and counsellors Ardeer.

If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.

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

Inning accordance with 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 parents having a significant participation in their lives, to the optimum extent constant with the very best interest of the kid; and

safeguarding the kids from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and

ensuring that kids get sufficient and appropriate parenting to assist them achieve their complete potential; and

ensuring that parents satisfy their duties, and satisfy their obligations, concerning the care, well-being and development of their kids.

There are other aspects that the Court may take into consideration in any particular scenarios.

Why Choose Our Family Lawyers Ardeer VIC

We are passionate regarding providing a specialized Family Law service Ardeer that welcomes you, understands you and shows you empathy in difficult times. Discover why you can be guaranteed of our commitment to your legal needs.

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Ascot Solicitors
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827B Ballarat Rd, Deer Park Victoria 3023, Australia

 

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