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Family Lawyers Merriang South VIC

Family Lawyers Merriang South VIC

Accredited Family Law & Separation Specialists In Merriang South

We understand family law. Our Family Solicitors Merriang South have represented hundreds of family law clients over the years and act for mums, fathers, 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 know-how 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 achievable, then we will represent you expertly throughout the Court process so that you acquire the best possible outcome. If you are looking to engage the services of a few of the best family lawyers Merriang South has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Merriang South, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means 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 marriage has actually broken down irretrievably.

Any application for Divorce is typically submitted 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 only available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and means 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 deal with 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 residing under the same roof or if one has actually provided the other with some household services. It might be hard to develop that separation has occurred in these circumstances and appropriately the Court will require 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 have 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, mean to reside in Merriang South indefinitely or otherwise have the ability to provide 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 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 appropriate arrangements have been made for 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 home, and under the age of 18.

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

As soon as a Divorce has actually worked, there is just a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration may be given in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Merriang South

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

Prior to the commencement of any Court procedures the parties are required to attend, participate and make a real attempt in solving any parenting concerns at a household dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If a contract is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, further settlements can be arranged with the help of lawyer, mediators and counsellors Merriang South.

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 need confirmation that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.

In parenting matters, a Court should regard the very best interests of the child as the critical factor to consider.

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

making sure that the kids have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum extent constant with the best interest of the kid; and

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

ensuring that children get appropriate and correct parenting to help them attain their full potential; and

guaranteeing that parents satisfy their duties, and meet their duties, concerning the care, well-being and development of their kids.

There are other factors that the Court might consider in any specific situations.

Why Choose Our Family Lawyers Merriang South VIC

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

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