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Family Lawyers Meadow Heights VIC

Family Lawyers Meadow Heights VIC

Accredited Family Law & Separation Specialists In Meadow Heights

We know family law. Our Family Solicitors Meadow Heights have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having specific know-how in divorce, child custody and property division.

We are devoted to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you get the very best possible result. If you are looking to engage the services of some of the best family solicitors Meadow Heights has to offer, then look no further. When engaging among our specialists, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Meadow Heights, 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 allegations 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 normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties file the application together.

An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and implies 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 same roof or if one has actually offered the other with some household services. It may be tough to establish that separation has actually happened in these circumstances 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 spouse will need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to reside in Meadow Heights forever or otherwise be able to supply evidence that you resided in Australian for at least 12 months prior to the filing of the application.

In instances where a couple has been married for less than 2 years, the Court needs 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 think about that correct arrangements have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that home, and under the age of 18.

Once a Divorce has been approved the Divorce becomes reliable one month and one day after the Order has actually been made.

Once a Divorce has actually worked, there is just a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Meadow Heights

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

Prior to the start of any Court proceedings the parties are needed to go to, take part and make a genuine effort in resolving any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If a contract is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be organized with the assistance of solicitor, arbitrators and counsellors Meadow Heights.

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 need verification that the parties have attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court needs to regard the best interests of the kid as the vital consideration.

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

ensuring that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the optimum level constant with the very best interest of the kid; and

safeguarding the children from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and

making sure that children receive adequate and proper parenting to assist them attain their full potential; and

ensuring that moms and dads fulfil their tasks, and meet their obligations, concerning the care, well-being and development of their children.

There are other factors that the Court may take into consideration in any specific situations.

Why Choose Our Family Lawyers Meadow Heights VIC

We are passionate regarding providing a specialized Family Law service Meadow Heights that welcomes you, understands you and also shows you empathy in tough times. Figure out why you can be guaranteed of our commitment to your legal needs.

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