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Family Lawyers Main Ridge VIC

Family Lawyers Main Ridge VIC

Accredited Family Law & Separation Specialists In Main Ridge

We understand family law. Our Family Solicitors Main Ridge have actually represented numerous family law customers over the years and act for mums, dads, grandmas, grandfathers, married 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 particular expertise in divorce, child custody and home division.

We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you get the very best possible result. If you are looking to engage the services of a few of the best family legal representatives Main Ridge has to offer, then look no more. When engaging among our experts, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Main Ridge, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has actually 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 submit the application together.

An application for Divorce is just offered after a 12 month period of separation. This 12 month separation period is to be a constant period and suggests 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 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 living under the same roof or if one has actually offered the other with some household services. It might be hard to establish that separation has actually occurred in these scenarios and appropriately the Court will need proof in assistance of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to live in Main Ridge forever or otherwise have the ability to offer evidence that you resided 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 requires 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 correct 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 family, and under the age of 18.

Once a Divorce has been given the Divorce ends up being effective one month and one day after the Order has been made.

When a Divorce has actually taken effect, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period may be granted in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Main Ridge

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

Prior to the start of any Court proceedings the parties are needed to participate in, get involved and make a genuine effort in dealing with any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an arrangement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be set up with the help of lawyer, conciliators and counsellors Main Ridge.

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

In parenting matters, a Court should relate to the very best interests of the kid as the critical 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 level constant with the very best interest of the kid; and

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

making sure that children receive sufficient and proper parenting to help them accomplish their complete potential; and

making sure that moms and dads satisfy their duties, and meet their responsibilities, concerning the care, welfare and advancement of their kids.

There are other factors that the Court may consider in any specific situations.

Why Choose Our Family Lawyers Main Ridge VIC

We are passionate about offering a specialty Family Law service Main Ridge that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be guaranteed of our dedication to your legal needs.

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