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Family Lawyers Mitchellstown VIC

Family Lawyers Mitchellstown VIC

Accredited Family Law & Divorce Specialists In Mitchellstown

We know family law. Our Family Lawyers Mitchellstown have represented numerous family law customers over the years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having specific expertise in divorce, child custody and 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 skillfully throughout the Court process so that you acquire the best possible outcome. If you are aiming to engage the services of some of the very best family solicitors Mitchellstown has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Mitchellstown, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, 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 filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties file the application together.

An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation period is to be a continuous period and indicates more than physical separation where there is no likelihood 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 exact same roof or if one has actually offered the other with some family services. It might be tough to establish that separation has happened in these scenarios and accordingly the Court will need proof 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, plan to reside in Mitchellstown forever or otherwise be able to supply 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 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 need to consider that correct arrangements have actually been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that family, and under the age of 18.

As soon as a Divorce has been given the Divorce becomes efficient one month and one day after the Order has been made.

Once a Divorce has worked, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration may be granted in situations where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Mitchellstown

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 beginning of any Court proceedings the parties are needed to attend, participate and make a genuine effort in resolving any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an agreement is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no contract can be reached, further settlements can be arranged with the support of solicitor, conciliators and counsellors Mitchellstown.

If no arrangement can be reached beyond 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 tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.

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

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

ensuring that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum level consistent with the very best interest of the child; and

protecting the children from physical and psychological harm and from undergoing, or exposed to, abuse, neglect or family violence; and

guaranteeing that kids get adequate and appropriate parenting to assist them accomplish their complete potential; and

making sure that moms and dads satisfy their duties, and meet their duties, concerning the care, welfare and advancement of their kids.

There are other factors that the Court may take into account in any specific circumstances.

Why Choose Our Family Lawyers Mitchellstown VIC

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

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