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Family Lawyers Moutajup VIC

Family Lawyers Moutajup VIC

Accredited Family Law & Divorce Specialists In Moutajup

We understand family law. Our Family Lawyers Moutajup have represented hundreds of family law clients for many years and act for mums, dads, grandmas, grandfathers, married 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 specific competence in divorce, child custody and home division.

We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you get the best possible result. If you are planning to engage the services of a few of the best family lawyers Moutajup has to offer, then look no further. When engaging among our professionals, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Moutajup, 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 accusations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage 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 marriage submits the application, or a joint application where both parties submit the application together.

An application for Divorce is just available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and suggests 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 actually not been separated for more than 12 months.

An application can still be made while the parties are living under the same roof or if one has provided the other with some household services. It might be challenging to develop that separation has taken place in these scenarios and appropriately 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 resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to live in Moutajup forever or otherwise have the ability to provide 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 actually been wed for less than 2 years, the Court needs 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 have to consider that appropriate plans 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 dealt with as a member of that family, and under the age of 18.

Once a Divorce has actually been granted the Divorce becomes efficient one month and one day after the Order has actually been made.

Once a Divorce has actually 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 may be given in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Moutajup

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

Prior to the commencement of any Court procedures the parties are required to participate in, participate and make a genuine attempt in resolving any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an arrangement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, further settlements can be set up with the support of solicitor, conciliators and counsellors Moutajup.

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

In parenting matters, a Court must relate to the best interests of the kid as the vital consideration.

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

making sure that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the optimum extent constant with the very best interest of the kid; and

protecting the kids from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and

making sure that kids get appropriate and appropriate parenting to help them accomplish their complete potential; and

making sure that moms and dads fulfil their duties, and fulfill their obligations, concerning the care, welfare and advancement of their children.

There are other elements that the Court may take into consideration in any particular situations.

Why Choose Our Family Lawyers Moutajup VIC

We are passionate about giving a specialty Family Law service Moutajup that welcomes you, understands you and also shows you empathy in difficult times. Figure out why you can be assured of our dedication to your legal requirements.

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