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Family Lawyers Mitiamo VIC

Family Lawyers Mitiamo VIC

Accredited Family Law & Separation Specialists In Mitiamo

We know family law. Our Family Solicitors Mitiamo have represented hundreds of family law customers over the years and act for mums, fathers, 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 particular expertise in divorce, child custody and residential or commercial property division.

We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you acquire the very best possible result. If you are wanting to engage the services of a few of the very best family legal representatives Mitiamo has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Mitiamo, 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 abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.

Any application for Divorce is generally submitted 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 submit the application together.

An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and indicates more than physical separation where there is no probability of reconciliation.

The application can be opposed in situations 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 very same roof or if one has actually provided the other with some home services. It may be difficult to develop that separation has actually taken place in these situations and appropriately the Court will require 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 partner has to regard Australia as your home, intend to live in Mitiamo forever or otherwise be able to provide proof 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 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 need to consider that proper 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 household, and under the age of 18.

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

As soon as a Divorce has actually taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this period might be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Mitiamo

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 proceedings the parties are needed to participate in, get involved and make a real effort in resolving any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, further settlements can be organized with the support of solicitor, arbitrators and counsellors Mitiamo.

If no agreement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.

In parenting matters, a Court should relate to the best interests of the child as the vital 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 children have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum extent constant with the very best interest of the kid; and

safeguarding the children from physical and psychological damage and from being subjected to, or exposed to, abuse, neglect or family violence; and

making sure that kids receive appropriate and proper parenting to assist them achieve their complete potential; and

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

There are other factors that the Court may consider in any specific circumstances.

Why Choose Our Family Lawyers Mitiamo VIC

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

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