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Family Lawyers Mount Cameron VIC

Family Lawyers Mount Cameron VIC

Accredited Family Law & Divorce Specialists In Mount Cameron

We understand family law. Our Family Lawyers Mount Cameron have represented numerous family law customers for many years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having particular know-how in divorce, child custody and residential or commercial property 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 skillfully throughout the Court process so that you get the very best possible result. If you are planning to engage the services of a few of the very best family lawyers Mount Cameron has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Mount Cameron, 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 irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is normally submitted 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 only available after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and implies more than physical separation where there is no possibility 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 same roof or if one has actually provided the other with some home services. It may be difficult to develop that separation has taken place in these situations and accordingly the Court will need proof in assistance of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to live in Mount Cameron forever or otherwise have the ability to offer proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances where a couple has actually been married 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 correct arrangements have actually been produced any child of the marital relationship, 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.

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 taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this period might be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Mount Cameron

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 procedures the parties are needed to go to, participate and make a genuine effort in resolving any parenting issues at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, further negotiations can be organized with the help of solicitor, mediators and counsellors Mount Cameron.

If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.

In parenting matters, a Court should concern the best interests of the child as the critical consideration.

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 meaningful participation in their lives, to the optimum degree consistent with the best interest of the kid; and

securing the children from physical and mental harm and from going through, or exposed to, abuse, neglect or family violence; and

guaranteeing that kids get adequate and appropriate parenting to help them attain their full potential; and

guaranteeing that moms and dads satisfy their responsibilities, and meet their obligations, concerning the care, well-being and development of their children.

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

Why Choose Our Family Lawyers Mount Cameron VIC

We are passionate regarding giving a specialized Family Law service Mount Cameron that welcomes you, understands you and shows you empathy in tough times. Find out why you can be assured of our commitment to your legal requirements.

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