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Family Lawyers Mitre VIC

Family Lawyers Mitre VIC

Accredited Family Law & Divorce Specialists In Mitre

We understand family law. Our Family Lawyers Mitre have represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having specific proficiency in divorce, child custody and property division.

We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you get the best possible result. If you are looking to engage the services of some of the very best family solicitors Mitre has to offer, then look no more. When engaging among our specialists, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Mitre, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is typically filed 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 readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and means more than physical separation where there is no likelihood of reconciliation.

The application can be opposed in circumstances 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 very same roof or if one has supplied the other with some family services. It may be hard to develop that separation has actually occurred in these scenarios and appropriately the Court will require evidence in assistance of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, mean to reside in Mitre indefinitely or otherwise have the ability to offer evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has 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 need to think about that proper arrangements have actually 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.

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

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

Parenting Orders Mitre

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

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

If an arrangement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, even more negotiations can be set up with the assistance of solicitor, conciliators and counsellors Mitre.

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

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

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

making sure that the kids have the benefit of both of their parents having a significant involvement in their lives, to the maximum extent constant with the best interest of the kid; and

protecting the children from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and

ensuring that kids receive adequate and appropriate parenting to help them achieve their full potential; and

making sure that parents fulfil their duties, and fulfill their duties, concerning the care, well-being and advancement of their children.

There are other factors that the Court might take into account in any particular situations.

Why Choose Our Family Lawyers Mitre VIC

We are passionate about giving a specialized Family Law service Mitre that welcomes you, understands you and also shows you empathy in challenging times. Learn why you can be assured of our commitment to your legal requirements.

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