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Family Lawyers Maldon VIC

Family Lawyers Maldon VIC

Accredited Family Law & Divorce Specialists In Maldon

We know family law. Our Family Solicitors Maldon have represented hundreds of family law customers for many years and act for mums, dads, grandmothers, grandfathers, 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 particular competence in divorce, child custody and residential or commercial property division.

We are devoted to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you acquire the very best possible result. If you are aiming to engage the services of some of the very best family legal representatives Maldon has to offer, then look no more. When engaging among our experts, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Maldon, the Family Law Act 1975 developed 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 allegations of infidelity, violence or abandonment 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 marital relationship files the application, or a joint application where both parties file the application together.

An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous period 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 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 exact same roof or if one has provided the other with some family services. It may be difficult to establish that separation has actually taken place in these scenarios and appropriately the Court will require evidence in support of the application.

In addition to the requirements of a period of 12 months of separation, either you or your partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to live in Maldon forever or otherwise have the ability to provide 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 been wed 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 actually been made for any child of the marital relationship, 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.

As soon as a Divorce has been granted the Divorce becomes effective one month and one day after the Order has been made.

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

Parenting Orders Maldon

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

Prior to the beginning of any Court procedures the parties are required to attend, take part and make an authentic attempt in dealing with any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an arrangement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, further settlements can be set up with the help of solicitor, arbitrators and counsellors Maldon.

If no arrangement 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 tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.

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

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

guaranteeing that the children have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum extent constant with the 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

guaranteeing that children receive adequate and correct parenting to assist them attain their complete potential; and

ensuring that parents fulfil their tasks, and satisfy their obligations, concerning the care, welfare and development of their children.

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

Why Choose Our Family Lawyers Maldon VIC

We are passionate regarding offering a specialty Family Law service Maldon that welcomes you, understands you and also shows you empathy in tough times. Discover why you can be guaranteed of our commitment to your legal demands.

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