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Family Lawyers Mepunga East VIC

Family Lawyers Mepunga East VIC

Accredited Family Law & Separation Specialists In Mepunga East

We understand family law. Our Family Lawyers Mepunga East have represented numerous family law clients throughout the years and act for mums, dads, grandmothers, 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 know-how in divorce, child custody and property division.

We are dedicated to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you get the very best possible result. If you are aiming to engage the services of some of the very best family lawyers Mepunga East has to offer, then look no more. When engaging among our experts, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Mepunga East, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is usually filed 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 just available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and indicates more than physical separation where there is no probability of reconciliation.

The application can be opposed in scenarios 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 residing under the same roof or if one has actually offered the other with some household services. It may be hard to establish that separation has actually happened in these scenarios and appropriately the Court will need proof in support of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, plan to reside in Mepunga East indefinitely or otherwise be able to supply evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has been wed 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 appropriate arrangements have actually been produced any child of the marital relationship, 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.

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

Once a Divorce has taken effect, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Mepunga East

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

Prior to the start of any Court proceedings the parties are needed to participate in, participate and make a genuine effort in solving any parenting issues at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, further settlements can be arranged with the support of lawyer, arbitrators and counsellors Mepunga East.

If no contract can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.

In parenting matters, a Court must regard the best interests of the kid as the critical factor to consider.

According to section 60B of the Family Law Act 1975, the very 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 optimum level constant with the best interest of the child; and

protecting the children from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and

making sure that children receive appropriate and appropriate parenting to help them attain their complete potential; and

making sure that parents satisfy their duties, and meet their obligations, concerning the care, well-being and advancement of their children.

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

Why Choose Our Family Lawyers Mepunga East VIC

We are passionate about giving a specialized Family Law service Mepunga East that welcomes you, understands you as well as shows you empathy in difficult times. Learn why you can be guaranteed of our dedication to your legal needs.

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