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Family Lawyers Markwood VIC

Family Lawyers Markwood VIC

Accredited Family Law & Divorce Specialists In Markwood

We know family law. Our Family Lawyers Markwood have actually 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 particular knowledge in divorce, child custody and home division.

We are committed to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you obtain the best possible result. If you are planning to engage the services of some of the very best family solicitors Markwood has to offer, then look no further. 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 Markwood, 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 allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.

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

An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and implies more than physical separation where there is no possibility 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 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 provided the other with some home services. It may be hard to develop that separation has taken place in these circumstances and appropriately the Court will require proof 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 person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to live in Markwood forever or otherwise be able to supply 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 needs 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 proper arrangements have been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that household, and under the age of 18.

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

As soon as a Divorce has worked, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration may be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Markwood

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

Prior to the start of any Court procedures the parties are needed to attend, take part and make a real effort in resolving any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If a contract is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more negotiations can be arranged with the support of solicitor, conciliators and counsellors Markwood.

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

In parenting matters, a Court should relate to the very best interests of the kid as the vital factor to consider.

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

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

safeguarding the children from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and

ensuring that kids get appropriate and appropriate parenting to assist them achieve their full potential; and

making sure that moms and dads fulfil their tasks, and fulfill their obligations, concerning the care, well-being and development of their kids.

There are other factors that the Court may take into account in any particular situations.

Why Choose Our Family Lawyers Markwood VIC

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

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