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Family Lawyers Merricks VIC

Family Lawyers Merricks VIC

Accredited Family Law & Divorce Specialists In Merricks

We understand family law. Our Family Solicitors Merricks have actually represented hundreds of family law clients for many 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 specific knowledge in divorce, child custody and property division.

We are dedicated to assisting you settle your matter as quickly 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 seeking to engage the services of some of the best family solicitors Merricks has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Merricks, 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 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 marriage 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 period is to be a continuous period and means more than physical separation where there is no possibility 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 living under the exact same roof or if one has provided the other with some household services. It might be tough to develop that separation has actually taken place in these situations 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 have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, mean to live in Merricks indefinitely or otherwise have the ability 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 actually 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 correct plans 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 family, and under the age of 18.

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

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

Parenting Orders Merricks

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

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

If a contract is reached the terms of that arrangement can be formalised through an Application for Permission Orders. If no contract can be reached, further negotiations can be organized with the help of solicitor, mediators and counsellors Merricks.

If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.

In parenting matters, a Court must relate to the best interests of the child as the vital consideration.

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

making sure that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the optimum extent consistent with the very best interest of the child; and

protecting the kids from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and

ensuring that children receive adequate and proper parenting to assist them achieve their complete potential; and

guaranteeing that parents fulfil their responsibilities, and meet their duties, concerning the care, welfare and advancement of their kids.

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

Why Choose Our Family Lawyers Merricks VIC

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

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