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Family Lawyers Mildura West VIC

Family Lawyers Mildura West VIC

Accredited Family Law & Separation Specialists In Mildura West

We understand family law. Our Family Solicitors Mildura West have represented hundreds of family law clients 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 expertise 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 possible, then we will represent you expertly throughout the Court procedure so that you get the very best possible result. If you are seeking to engage the services of some of the very best family solicitors Mildura West has to offer, then look no more. When engaging among our professionals, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Mildura West, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests 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 filed 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 only offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and suggests 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 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 provided the other with some household services. It might be hard to establish that separation has occurred in these scenarios and appropriately the Court will require evidence in assistance 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, intend to reside in Mildura West indefinitely or otherwise be able 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 actually been wed for less than 2 years, the Court needs 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 correct plans have been made for any child of the marriage, 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.

When a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has actually been made.

Once a Divorce has actually worked, there is just a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this period might be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Mildura West

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

Prior to the beginning of any Court proceedings the parties are required to attend, take part and make an authentic effort in solving any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If a contract is reached the terms of that contract can be formalised through an Application for Permission Orders. If no agreement can be reached, further negotiations can be set up with the support of lawyer, arbitrators and counsellors Mildura West.

If no agreement can be reached outside of 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 attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.

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

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

ensuring that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the maximum extent consistent with the very best interest of the child; and

securing the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, disregard or family violence; and

ensuring that kids receive sufficient and proper parenting to assist them accomplish their full potential; and

making sure that parents fulfil their tasks, and meet their obligations, concerning the care, welfare and advancement of their children.

There are other elements that the Court might take into consideration in any specific situations.

Why Choose Our Family Lawyers Mildura West VIC

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

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