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Family Lawyers Main Lead VIC

Family Lawyers Main Lead VIC

Accredited Family Law & Separation Specialists In Main Lead

We know family law. Our Family Lawyers Main Lead have actually represented hundreds of family law clients for many years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having particular proficiency in divorce, child custody and property division.

We are dedicated to assisting you settle your matter as rapidly 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 outcome. If you are planning to engage the services of some of the very best family solicitors Main Lead has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Main Lead, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties submit the application together.

An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and indicates 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 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 provided the other with some household services. It might be challenging to develop that separation has actually taken place in these scenarios and appropriately the Court will require evidence in assistance of the application.

In addition to the requirements of a duration 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 partner needs to regard Australia as your home, mean to live in Main Lead forever or otherwise have the ability to supply evidence 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 wed for less than 2 years, the Court needs 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 need to consider that appropriate arrangements have been made for 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 home, and under the age of 18.

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

As soon as a Divorce has actually worked, there is just a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this duration may be granted in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Main Lead

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

Prior to the commencement of any Court procedures the parties are needed to attend, participate and make a real effort in dealing with any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the regards to that contract can be formalised through an Application for Approval Orders. If no contract can be reached, even more negotiations can be set up with the assistance of solicitor, mediators and counsellors Main Lead.

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

In parenting matters, a Court must relate to the very best interests of the child as the critical factor to consider.

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

ensuring that the children have the advantage of both of their moms and dads having a significant participation in their lives, to the maximum degree constant with the very best interest of the child; and

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

making sure that children receive adequate and proper parenting to help them attain their full potential; and

guaranteeing that parents satisfy their tasks, and fulfill their duties, concerning the care, welfare and development of their children.

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

Why Choose Our Family Lawyers Main Lead VIC

We are passionate about providing a specialty Family Law service Main Lead that welcomes you, understands you as well as shows you empathy in tough times. Find out why you can be assured of our commitment to your legal requirements.

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