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Family Lawyers Mckenzie Hill VIC

Family Lawyers Mckenzie Hill VIC

Accredited Family Law & Separation Specialists In Mckenzie Hill

We understand family law. Our Family Solicitors Mckenzie Hill have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having specific proficiency 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 acquire the best possible result. If you are wanting to engage the services of some of the best family lawyers Mckenzie Hill has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Mckenzie Hill, 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 infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is typically 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 only offered after a 12 month period of separation. This 12 month separation duration is to be a constant duration and suggests 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 handle 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 exact same roof or if one has offered the other with some home services. It may be tough to develop that separation has taken place in these circumstances 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 need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, mean to reside in Mckenzie Hill forever or otherwise be able to provide evidence 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 attend 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 been produced 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 family, and under the age of 18.

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

Once a Divorce has taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Mckenzie Hill

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 go to, take part and make a genuine attempt in solving any parenting problems at a family dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If a contract is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more negotiations can be organized with the assistance of lawyer, mediators and counsellors Mckenzie Hill.

If no contract can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.

In parenting matters, a Court needs to regard the very best interests of the child as the critical consideration.

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

ensuring that the children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum extent constant with the best interest of the child; 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 adequate and proper parenting to assist them accomplish their complete potential; and

guaranteeing that moms and dads satisfy their responsibilities, and fulfill their duties, concerning the care, well-being and advancement of their kids.

There are other elements that the Court may take into account in any specific situations.

Why Choose Our Family Lawyers Mckenzie Hill VIC

We are passionate regarding providing a specialty Family Law service Mckenzie Hill that welcomes you, understands you as well as shows you empathy in challenging times. Find out why you can be guaranteed of our dedication to your legal requirements.

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