Call Us 1300 241 740

Family Lawyers Maramingo Creek VIC

Family Lawyers Maramingo Creek VIC

Accredited Family Law & Divorce Specialists In Maramingo Creek

We understand family law. Our Family Solicitors Maramingo Creek have represented numerous family law customers throughout the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having specific proficiency in divorce, child custody and property division.

We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible result. If you are seeking to engage the services of some of the best family solicitors Maramingo Creek has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Maramingo Creek, the Family Law Act 1975 established 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 infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage 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 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 duration is to be a continuous period and indicates 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 deal with 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 very same roof or if one has actually offered the other with some home services. It may be difficult to develop that separation has actually happened in these situations and appropriately the Court will require proof in assistance of the application.

In addition to the requirements of a period 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 established, you or your spouse has to regard Australia as your home, intend to live in Maramingo Creek indefinitely or otherwise have the ability to provide proof 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 married 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 think about that correct 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 treated as a member of that household, and under the age of 18.

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

When a Divorce has taken effect, there is just a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this duration might be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Maramingo Creek

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

Prior to the commencement of any Court proceedings the parties are needed to go to, get involved and make an authentic attempt in dealing with any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more settlements can be set up with the help of lawyer, mediators and counsellors Maramingo Creek.

If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have actually 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 must concern the best interests of the child as the vital factor to consider.

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

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

safeguarding the kids from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and

guaranteeing that kids get sufficient and correct parenting to help them achieve their full potential; and

guaranteeing that parents satisfy their responsibilities, and meet their obligations, concerning the care, welfare and advancement of their children.

There are other aspects that the Court might take into consideration in any particular circumstances.

Why Choose Our Family Lawyers Maramingo Creek VIC

We are passionate about giving a specialty Family Law service Maramingo Creek that welcomes you, understands you and also shows you empathy in challenging times. Find out why you can be assured of our dedication to your legal requirements.

Business Results 1 - 5 of 0

 
 

About: admin2018


Call Now ButtonCall Now