Call Us 1300 241 740

Family Lawyers Melwood VIC

Family Lawyers Melwood VIC

Accredited Family Law & Separation Specialists In Melwood

We know family law. Our Family Solicitors Melwood have represented hundreds of family law customers over the years and act for mums, dads, grandmas, 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 expertise in divorce, child custody and home division.

We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you obtain the very best possible outcome. If you are aiming to engage the services of some of the best family lawyers Melwood has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Melwood, 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 accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has actually 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 marital relationship files 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 period is to be a continuous 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 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 offered the other with some home services. It may be tough to establish that separation has taken place in these scenarios and accordingly the Court will require evidence 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 resident by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, plan to live in Melwood forever or otherwise have the ability to offer proof that you lived 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 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 consider that proper 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 treated as a member of that home, and under the age of 18.

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

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

Parenting Orders Melwood

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

Prior to the commencement of any Court proceedings the parties are needed to attend, get involved and make a genuine attempt in fixing any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If a contract is reached the regards to that contract can be formalised through an Application for Consent Orders. If no contract can be reached, further settlements can be set up with the assistance of lawyer, conciliators and counsellors Melwood.

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 require confirmation that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court must regard the very best interests of the child as the critical 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 children have the benefit of both of their parents having a significant involvement in their lives, to the maximum degree consistent with the best interest of the child; and

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

making sure that children get adequate and appropriate parenting to assist them achieve their full potential; and

making sure that moms and dads satisfy their tasks, and fulfill their responsibilities, concerning the care, welfare and advancement of their kids.

There are other aspects that the Court might take into account in any specific situations.

Why Choose Our Family Lawyers Melwood VIC

We are passionate about providing a specialized Family Law service Melwood that welcomes you, understands you and also shows you empathy in hard times. Figure out why you can be guaranteed of our commitment to your legal requirements.

Business Results 1 - 5 of 0

 
 

About: admin2018


Call Now ButtonCall Now