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Family Lawyers Longwood VIC

Family Lawyers Longwood VIC

Accredited Family Law & Divorce Specialists In Longwood

We understand family law. Our Family Lawyers Longwood have actually represented numerous family law clients over the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific expertise in divorce, child custody and home 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 procedure so that you get the very best possible result. If you are seeking to engage the services of some of the very best family solicitors Longwood has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Longwood, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage 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 marital relationship files the application, or a joint application where both parties file the application together.

An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation period is to be a constant period and suggests more than physical separation where there is no likelihood of reconciliation.

The application can be opposed in situations 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 supplied the other with some family services. It might be challenging to establish that separation has actually taken place in these scenarios and appropriately the Court will need evidence in assistance of the application.

In addition to the requirements of a period of 12 months of separation, either you or your partner will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to reside in Longwood forever or otherwise have the ability to provide proof that you lived 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 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 consider that correct arrangements have been produced 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 family, and under the age of 18.

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

When a Divorce has actually worked, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period might be given in situations where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Longwood

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

Prior to the commencement of any Court procedures the parties are required to attend, participate and make an authentic effort in resolving any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If a contract is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more settlements can be set up with the help of lawyer, arbitrators and counsellors Longwood.

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 receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.

In parenting matters, a Court must relate to the very best interests of the kid as the critical consideration.

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

making sure that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the optimum extent consistent with the very best interest of the child; and

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

making sure that children receive sufficient and proper parenting to assist them accomplish their full potential; and

making sure that parents satisfy their tasks, and fulfill their responsibilities, concerning the care, welfare and development of their kids.

There are other elements that the Court may take into account in any particular situations.

Why Choose Our Family Lawyers Longwood VIC

We are passionate about giving a specialized Family Law service Longwood that welcomes you, understands you as well as shows you empathy in tough times. Discover why you can be assured of our dedication to your legal requirements.

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