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Family Lawyers Mount Major VIC

Family Lawyers Mount Major VIC

Accredited Family Law & Separation Specialists In Mount Major

We understand family law. Our Family Solicitors Mount Major have represented hundreds of family law customers over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having specific expertise in divorce, child custody and residential or commercial property division.

We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you acquire the best possible outcome. If you are aiming to engage the services of a few of the best family solicitors Mount Major has to offer, then look no more. When engaging one of our experts, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Mount Major, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle suggests 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 marital relationship has broken down irretrievably.

Any application for Divorce is usually submitted 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 just offered after a 12 month period of separation. This 12 month separation duration is to be a continuous period and implies more than physical separation where there is no probability of reconciliation.

The application can be opposed in circumstances where the Court does not have jurisdiction to deal with the matter or otherwise where the parties to the proceedings have actually 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 hard to establish that separation has taken place in these scenarios and appropriately the Court will require proof in assistance 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 developed, you or your spouse needs to regard Australia as your home, plan to reside in Mount Major indefinitely or otherwise be able to provide proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has actually been wed 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 have to think about that appropriate arrangements have been made for any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that family, and under the age of 18.

Once a Divorce has been approved the Divorce ends up being effective one month and one day after the Order has been made.

When a Divorce has actually worked, there is only a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this duration may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Mount Major

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

Prior to the start of any Court procedures the parties are needed to attend, get involved and make a genuine attempt in solving any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an agreement is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no contract can be reached, further negotiations can be set up with the help of solicitor, mediators and counsellors Mount Major.

If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.

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

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

ensuring that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the optimum level consistent with the best interest of the child; and

protecting the kids from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and

making sure that kids get sufficient and correct parenting to assist them attain their full potential; and

ensuring that moms and dads satisfy their duties, and meet their duties, concerning the care, welfare and advancement of their children.

There are other factors that the Court may take into consideration in any particular circumstances.

Why Choose Our Family Lawyers Mount Major VIC

We are passionate about giving a specialized Family Law service Mount Major that welcomes you, understands you and shows you empathy in challenging times. Discover why you can be assured of our dedication to your legal demands.

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