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Family Lawyers Mambourin VIC

Family Lawyers Mambourin VIC

Accredited Family Law & Divorce Specialists In Mambourin

We know family law. Our Family Lawyers Mambourin have actually represented hundreds of family law clients for many years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular proficiency in divorce, child custody and home division.

We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you obtain the best possible outcome. If you are looking to engage the services of a few of the best family solicitors Mambourin has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Mambourin, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates 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 marital relationship has actually broken down irretrievably.

Any application for Divorce is normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties file the application together.

An application for Divorce is just available after a 12 month duration of separation. This 12 month separation period is to be a constant period and implies more than physical separation where there is no likelihood 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 actually not been separated for more than 12 months.

An application can still be made while the parties are residing under the exact same roof or if one has actually provided the other with some household services. It may be challenging to establish that separation has taken place in these circumstances and appropriately the Court will require evidence 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 citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to live in Mambourin forever or otherwise have the ability to supply evidence that you resided in Australian for at least 12 months prior to the filing of the application.

In instances where a couple has actually been married 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 have to think about that proper arrangements have actually been made for 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 household, and under the age of 18.

Once a Divorce has actually been granted the Divorce becomes 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 period in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be approved in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Mambourin

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

Prior to the beginning of any Court procedures the parties are required to go to, get involved and make an authentic attempt in resolving any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more settlements can be organized with the support of lawyer, arbitrators and counsellors Mambourin.

If no contract can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.

In parenting matters, a Court must concern the very best interests of the child as the paramount consideration.

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

making sure that the children have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum degree consistent with the best interest of the kid; and

protecting the children from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and

making sure that children get adequate and correct parenting to help them accomplish their full potential; and

ensuring that parents fulfil their duties, and meet their duties, concerning the care, well-being and advancement of their children.

There are other aspects that the Court may take into consideration in any specific circumstances.

Why Choose Our Family Lawyers Mambourin VIC

We are passionate regarding providing a specialized Family Law service Mambourin that welcomes you, understands you and shows you empathy in hard times. Discover why you can be guaranteed of our commitment to your legal needs.

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