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Family Lawyers Macs Cove VIC

Family Lawyers Macs Cove VIC

Accredited Family Law & Divorce Specialists In Macs Cove

We understand family law. Our Family Solicitors Macs Cove have actually represented hundreds of family law customers for many years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having specific knowledge in divorce, child custody and property division.

We are dedicated to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you obtain the best possible outcome. If you are seeking to engage the services of some of the very best family legal representatives Macs Cove has to offer, then look no more. When engaging one of our experts, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Macs Cove, 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 accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.

Any application for Divorce is normally 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 available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and means more than physical separation where there is no probability of reconciliation.

The application can be opposed in circumstances 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 provided the other with some home services. It might be difficult to establish that separation has occurred in these scenarios 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 person by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to live in Macs Cove forever or otherwise be able to offer proof that you lived in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has been wed for less than 2 years, the Court requires the parties to attend 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 proper plans have been produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated 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 actually been made.

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

Parenting Orders Macs Cove

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

Prior to the beginning of any Court procedures the parties are needed to attend, take part and make a genuine effort in fixing any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If an agreement is reached the regards to that contract can be formalised through an Application for Permission Orders. If no contract can be reached, further negotiations can be organized with the assistance of lawyer, arbitrators and counsellors Macs Cove.

If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.

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

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

making sure that the kids have the advantage 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 kid; and

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

ensuring that children get sufficient and correct parenting to assist them achieve their complete potential; and

ensuring that moms and dads satisfy their tasks, and satisfy their responsibilities, concerning the care, welfare and development of their children.

There are other aspects that the Court might consider in any particular scenarios.

Why Choose Our Family Lawyers Macs Cove VIC

We are passionate regarding providing a specialty Family Law service Macs Cove that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be guaranteed of our commitment to your legal demands.

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