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Family Lawyers Merino VIC

Family Lawyers Merino VIC

Accredited Family Law & Separation Specialists In Merino

We know family law. Our Family Lawyers Merino have represented hundreds of family law customers over the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having particular competence in divorce, child custody and residential or commercial property division.

We are devoted to helping you settle your matter as quickly as possible, and if that’s not achievable, 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 some of the very best family lawyers Merino has to offer, then look no more. When engaging among our professionals, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Merino, 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 files 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 continuous duration and means 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 exact same roof or if one has offered the other with some family services. It may be challenging to develop that separation has occurred in these situations and accordingly the Court will require 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 need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to reside in Merino forever or otherwise have the ability to offer proof 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 wed for less than 2 years, the Court requires the parties to participate in 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 appropriate plans 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 dealt with as a member of that household, and under the age of 18.

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

Once a Divorce has actually taken effect, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this duration might be approved in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Merino

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 beginning of any Court procedures the parties are required to attend, get involved and make a genuine effort in resolving any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an agreement is reached the terms of that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more settlements can be organized with the assistance of solicitor, conciliators and counsellors Merino.

If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.

In parenting matters, a Court must regard the best interests of the child as the paramount consideration.

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

making sure that the children have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum degree constant with the best interest of the child; and

safeguarding the children from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and

ensuring that children get adequate and proper parenting to help them achieve their full potential; and

guaranteeing that moms and dads fulfil their tasks, and meet their obligations, concerning the care, welfare and advancement of their children.

There are other aspects that the Court might consider in any specific circumstances.

Why Choose Our Family Lawyers Merino VIC

We are passionate regarding providing a specialized Family Law service Merino that welcomes you, understands you and shows you empathy in difficult times. Find out why you can be assured of our dedication to your legal needs.

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