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Family Lawyers Mount Macedon VIC

Family Lawyers Mount Macedon VIC

Accredited Family Law & Divorce Specialists In Mount Macedon

We know family law. Our Family Solicitors Mount Macedon have actually represented hundreds of family law customers for many years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific knowledge in divorce, child custody and residential or commercial property division.

We are devoted 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 acquire the very best possible result. If you are seeking to engage the services of some of the best family legal representatives Mount Macedon has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Mount Macedon, 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 allegations of infidelity, violence or desertion 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 submits the application, or a joint application where both parties file the application together.

An application for Divorce is only offered after a 12 month duration 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 scenarios where the Court does not have jurisdiction to deal with 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 provided the other with some household services. It may be challenging to develop that separation has actually happened in these scenarios and accordingly the Court will require proof in support 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 citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to reside in Mount Macedon indefinitely or otherwise have the ability to offer proof that you resided in Australian for at least 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 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 think about that correct plans have been produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that household, and under the age of 18.

When a Divorce has actually been given the Divorce becomes effective 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 period in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Mount Macedon

Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.

Prior to the beginning of any Court procedures the parties are needed to attend, get involved and make a real effort in dealing with any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement 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 arranged with the assistance of lawyer, arbitrators and counsellors Mount Macedon.

If no contract can be reached outside of the court system, a person 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 getting this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court must regard the best interests of the child as the vital consideration.

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

guaranteeing that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum degree constant with the very best interest of the child; and

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

ensuring that kids receive appropriate and proper parenting to help them attain their full potential; and

making sure that moms and dads fulfil their tasks, and satisfy their responsibilities, concerning the care, well-being and advancement of their kids.

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

Why Choose Our Family Lawyers Mount Macedon VIC

We are passionate regarding offering a specialized Family Law service Mount Macedon that welcomes you, understands you as well as shows you empathy in tough times. Learn why you can be guaranteed of our commitment to your legal requirements.

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