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Family Lawyers Maidstone VIC

Family Lawyers Maidstone VIC

Accredited Family Law & Separation Specialists In Maidstone

We know family law. Our Family Solicitors Maidstone have actually represented numerous family law clients for many years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having specific knowledge in divorce, child custody and property division.

We are devoted to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you get the best possible result. If you are seeking to engage the services of a few of the best family solicitors Maidstone has to offer, then look no further. When engaging among our experts, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Maidstone, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has 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 only available after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and implies more than physical separation where there is no likelihood 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 same roof or if one has offered the other with some household services. It might be hard to develop that separation has actually taken place in these scenarios and accordingly the Court will need proof 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 developed, you or your partner needs to regard Australia as your home, plan to live in Maidstone indefinitely 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 actually 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 think about that appropriate arrangements 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 dealt with as a member of that home, and under the age of 18.

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

As soon as a Divorce has worked, there is just a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this duration may be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Maidstone

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

Prior to the commencement of any Court procedures the parties are required to participate in, participate and make a real effort in resolving any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If an agreement is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more negotiations can be organized with the support of solicitor, conciliators and counsellors Maidstone.

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 require verification that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.

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

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

ensuring that the kids have the advantage of both of their moms and dads having a meaningful participation in their lives, to the maximum degree constant with the best interest of the kid; and

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

making sure that children receive appropriate and proper parenting to assist them attain their full potential; and

ensuring that parents satisfy their responsibilities, and fulfill their responsibilities, concerning the care, welfare and development of their children.

There are other factors that the Court might take into account in any specific situations.

Why Choose Our Family Lawyers Maidstone VIC

We are passionate regarding giving a specialty Family Law service Maidstone that welcomes you, understands you and also shows you empathy in difficult times. Figure out why you can be assured of our dedication to your legal requirements.

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