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Family Lawyers Marengo VIC

Family Lawyers Marengo VIC

Accredited Family Law & Separation Specialists In Marengo

We understand family law. Our Family Lawyers Marengo have represented numerous family law customers over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific competence in divorce, child custody and property division.

We are committed to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you obtain the best possible result. If you are aiming to engage the services of some of the best family solicitors Marengo has to offer, then look no more. When engaging among our specialists, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Marengo, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion 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 marriage 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 duration of separation. This 12 month separation period is to be a continuous period and means more than physical separation where there is no likelihood of reconciliation.

The application can be opposed in situations 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 supplied the other with some family services. It may be difficult to establish that separation has taken place in these scenarios and appropriately the Court will need proof 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 spouse has to regard Australia as your home, mean to reside in Marengo indefinitely or otherwise be able to supply proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances where a couple has 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 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 family, and under the age of 18.

As soon as a Divorce has been approved the Divorce ends up being efficient one month and one day after the Order has been made.

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

Parenting Orders Marengo

Applications for Parenting Orders can be brought by either or both of the moms and dads, 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 attend, get involved and make a genuine effort in resolving any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, further settlements can be organized with the support of solicitor, conciliators and counsellors Marengo.

If no arrangement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.

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

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

ensuring that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum degree constant with the very best interest of the child; and

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

guaranteeing that children get appropriate and correct parenting to help them attain their complete potential; and

making sure that moms and dads fulfil their responsibilities, and meet their duties, concerning the care, well-being and development of their kids.

There are other aspects that the Court may take into account in any specific scenarios.

Why Choose Our Family Lawyers Marengo VIC

We are passionate regarding offering a specialty Family Law service Marengo that welcomes you, understands you as well as shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal requirements.

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