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Family Lawyers Mount Tassie VIC

Family Lawyers Mount Tassie VIC

Accredited Family Law & Divorce Specialists In Mount Tassie

We understand family law. Our Family Solicitors Mount Tassie have represented hundreds of family law customers over the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having particular competence in divorce, child custody and home division.

We are committed to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you get the very best possible outcome. If you are wanting to engage the services of a few of the very best family lawyers Mount Tassie has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Mount Tassie, the Family Law Act 1975 established 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 unimportant. The only ground for Divorce is that the marital relationship has actually 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 submit the application together.

An application for Divorce is only available after a 12 month period of separation. This 12 month separation period is to be a continuous duration and suggests 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 residing under the same roof or if one has actually supplied the other with some home services. It may be difficult to develop that separation has occurred in these circumstances and accordingly 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 partner will need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to live in Mount Tassie forever or otherwise have the ability to supply 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 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 have to consider that appropriate arrangements 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 family, and under the age of 18.

As soon as a Divorce has been approved the Divorce becomes efficient one month and one day after the Order has been made.

When a Divorce has actually worked, there is just a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period may be given in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Mount Tassie

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

Prior to the commencement of any Court procedures the parties are needed to attend, get involved and make an authentic effort in dealing with any parenting issues at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If an agreement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more settlements can be set up with the assistance of solicitor, conciliators and counsellors Mount Tassie.

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

In parenting matters, a Court needs to regard the best interests of the child as the paramount factor to consider.

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

guaranteeing that the kids have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the maximum degree constant with the very best interest of the kid; and

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

making sure that children receive sufficient and appropriate parenting to assist them attain their complete potential; and

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

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

Why Choose Our Family Lawyers Mount Tassie VIC

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

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