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Family Lawyers Marraweeney VIC

Family Lawyers Marraweeney VIC

Accredited Family Law & Divorce Specialists In Marraweeney

We know family law. Our Family Lawyers Marraweeney have represented numerous family law customers over the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having specific knowledge in divorce, child custody and home division.

We are committed to helping 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 very best possible result. If you are wanting to engage the services of a few of the best family lawyers Marraweeney has to offer, then look no more. When engaging among our professionals, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Marraweeney, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment 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 submits the application, or a joint application where both parties file the application together.

An application for Divorce is only available after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and suggests more than physical separation where there is no probability 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 not been separated for more than 12 months.

An application can still be made while the parties are living under the exact same roof or if one has provided the other with some family services. It may be hard to develop that separation has occurred in these scenarios and appropriately the Court will require proof in assistance of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to reside in Marraweeney 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 been married for less than 2 years, the Court requires the parties to go to 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 plans 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 household, and under the age of 18.

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

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

Parenting Orders Marraweeney

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 start of any Court procedures the parties are required to participate in, get involved and make a real attempt in resolving any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If a contract is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, further negotiations can be organized with the help of solicitor, conciliators and counsellors Marraweeney.

If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.

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

Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:

ensuring that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the maximum extent constant with the very best interest of the kid; and

protecting the children from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and

ensuring that children get appropriate and correct parenting to assist them attain their complete potential; and

guaranteeing that parents fulfil their responsibilities, and meet their obligations, concerning the care, well-being and development of their children.

There are other aspects that the Court may consider in any specific scenarios.

Why Choose Our Family Lawyers Marraweeney VIC

We are passionate about providing a specialized Family Law service Marraweeney that welcomes you, understands you as well as shows you empathy in challenging times. Learn why you can be assured of our commitment to your legal needs.

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