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Family Lawyers Mount Hooghly VIC

Family Lawyers Mount Hooghly VIC

Accredited Family Law & Separation Specialists In Mount Hooghly

We understand family law. Our Family Solicitors Mount Hooghly have actually represented hundreds of family law customers over the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects 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 expertly throughout the Court procedure so that you get the very best possible outcome. If you are seeking to engage the services of some of the best family legal representatives Mount Hooghly has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Mount Hooghly, 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 files the application, or a joint application where both parties file the application together.

An application for Divorce is only offered after a 12 month period of separation. This 12 month separation duration is to be a constant period and suggests more than physical separation where there is no possibility 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 exact same roof or if one has actually offered the other with some household services. It may be challenging to establish that separation has occurred in these situations and appropriately the Court will need evidence in support 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 citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, plan to live in Mount Hooghly forever or otherwise have the ability to offer 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 married for less than 2 years, the Court requires 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 appropriate plans have 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 home, and under the age of 18.

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

Once a Divorce has taken effect, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period might be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Mount Hooghly

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

Prior to the commencement of any Court proceedings the parties are required to participate in, get involved and make a real effort in dealing with any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no contract can be reached, even more negotiations can be organized with the assistance of lawyer, conciliators and counsellors Mount Hooghly.

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

In parenting matters, a Court should relate to the best interests of the child as the critical factor to consider.

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

guaranteeing that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum level constant with the very best interest of the child; and

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

guaranteeing that kids receive sufficient and correct parenting to assist them attain their complete potential; and

ensuring that moms and dads fulfil their responsibilities, and satisfy their responsibilities, concerning the care, welfare and advancement of their kids.

There are other elements that the Court might take into consideration in any specific situations.

Why Choose Our Family Lawyers Mount Hooghly VIC

We are passionate about giving a specialty Family Law service Mount Hooghly that welcomes you, understands you and also shows you empathy in challenging times. Learn why you can be assured of our dedication to your legal needs.

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