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Family Lawyers Marong VIC

Family Lawyers Marong VIC

Accredited Family Law & Divorce Specialists In Marong

We understand family law. Our Family Solicitors Marong have actually represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having particular proficiency in divorce, child custody and home division.

We are devoted to helping 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 wanting to engage the services of some of the very best family legal representatives Marong has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Marong, 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 abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.

Any application for Divorce is typically submitted 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 just readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and means more than physical separation where there is no probability of reconciliation.

The application can be opposed in situations where the Court does not have jurisdiction to handle 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 residing under the very same roof or if one has provided the other with some home services. It might be difficult to establish that separation has happened in these situations and accordingly the Court will need evidence in support 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to reside in Marong forever or otherwise have the ability to provide evidence that you lived in Australian for a minimum of 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 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 produced 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 given the Divorce becomes effective one month and one day after the Order has actually been made.

When a Divorce has actually taken effect, 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 granted in scenarios where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Marong

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 proceedings the parties are needed to go to, participate and make a genuine effort in solving any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an agreement is reached the regards to that contract can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more negotiations can be organized with the support of solicitor, conciliators and counsellors Marong.

If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have actually tried a dispute 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 must relate to the very best interests of the kid as the critical consideration.

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

making sure that the children have the advantage of both of their parents having a significant involvement in their lives, to the maximum level constant with the best interest of the kid; and

protecting the kids from physical and mental damage and from being subjected to, or exposed to, abuse, disregard or family violence; and

guaranteeing that children get sufficient and correct parenting to help them accomplish their complete potential; and

making sure that moms and dads satisfy their tasks, and fulfill their duties, concerning the care, well-being and advancement of their children.

There are other elements that the Court might consider in any particular circumstances.

Why Choose Our Family Lawyers Marong VIC

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

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