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Family Lawyers Mirimbah VIC

Family Lawyers Mirimbah VIC

Accredited Family Law & Divorce Specialists In Mirimbah

We know family law. Our Family Solicitors Mirimbah have actually represented hundreds of family law clients for many years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific knowledge 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 possible, then we will represent you expertly throughout the Court procedure so that you get the best possible result. If you are wanting to engage the services of a few of the very best family solicitors Mirimbah has to offer, then look no further. When engaging among our experts, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Mirimbah, 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 allegations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually 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 files the application, or a joint application where both parties file the application together.

An application for Divorce is just offered after a 12 month period of separation. This 12 month separation duration is to be a continuous period and implies 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 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 provided the other with some family services. It might be hard to establish that separation has happened in these circumstances 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 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 live in Mirimbah forever or otherwise have the ability to provide evidence that you lived in Australian for at least 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 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 consider that appropriate plans have 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 treated as a member of that household, and under the age of 18.

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

When 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 may be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Mirimbah

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 start of any Court procedures the parties are required to attend, take part and make a real effort in solving any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an agreement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more settlements can be arranged with the help of lawyer, conciliators and counsellors Mirimbah.

If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.

In parenting matters, a Court needs to relate to the best interests of the kid as the critical consideration.

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

guaranteeing that the kids have the advantage of both of their parents having a meaningful participation in their lives, to the maximum level constant with the best interest of the child; and

safeguarding the children from physical and mental damage and from undergoing, or exposed to, abuse, neglect or family violence; and

ensuring that children get sufficient and correct parenting to help them achieve their full potential; and

ensuring that parents fulfil their tasks, and fulfill their duties, concerning the care, well-being and development of their children.

There are other factors that the Court might consider in any particular circumstances.

Why Choose Our Family Lawyers Mirimbah VIC

We are passionate about providing a specialty Family Law service Mirimbah that welcomes you, understands you and shows you empathy in challenging times. Discover why you can be guaranteed of our dedication to your legal requirements.

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